J M Baxi Marine Services Private Limited v. Ashwin Samant

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION

(904) INTERIM APPLICATION NO. 72 OF 2026 IN SUIT NO. 188 OF 2025 J M Baxi Marine Services Private Ltd.

Applicant / Ori. Defendant No.1

IN THE MATTER BETWEEN

Alphard Maritime Ltd.

.. Plaintiff

Versus

J M Baxi Marine Services Private Ltd.

.. Defendant No.1 ..

WITH INTERIM APPLICATION NO. 74 OF 2026 IN SUIT NO. 188 OF 2025 Samson Maritime Limited and Anr.

Applicant / Ori. Defendant Nos.13 and 14

IN THE MATTER BETWEEN

Alphard Maritime Ltd.

.. Plaintiff

Versus

J M Baxi Marine Services Private Ltd. and Ors. ..

Defendant Nos.1 to 14 ..

WITH

(42) INTERIM APPLICATION (L) NO. 31432 OF 2025 IN SUIT (L) NO. 31430 OF 2025 Samson Maritime Limited and Anr.

.. Applicants

IN THE MATTER BETWEEN

Samson Maritime Limited and Anr.

.. Plaintiffs

Versus

Alphard Maritime Ltd. and Ors.

.. Defendants ....................

 Mr. Janak Dwarkadas, Senior Advocate a/w. Mr. Nitesh Jain, Mr. Atul Jain, Ms. Juhi Mathur, Ms. Prerna Shankar, Ms. Rudhi Walawalakr and Ms. Niyati Dasondi, Advocates i/by Trilegal for Applicant / Defendant No.1 in Interim Application No.72 of 2026 and Defendant No.2 in Interim Application (L) No.31432 of 2025.

 Mr. Darius Khambata, Senior Advocate a/w. Joran Diwan, Advocate i/by Diwan Law Associates for Applicant in Interim Application No.74 of 2026; Applicants / Plaintiffs in Interim Application (L) No.31432.2025 and Defendant Nos.13 and 14 in Interim Application No.72 of 2026.

 Mr. Rohaan Cama a/w. Jimisha Dalal and Sanchit Suri, Advocates i/by Singularity Legal for Defendant - Alphard Maritime Ltd. in Suit (L) No.31430 of 2025.

 Ms. Shyamali Gadre a/w. Mr. Ashwin Kulkarni, Advocates i/by Little & Co. for Respondent No.12 - Saraswat Bank. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : JANUARY 07, 2026.

P.C.:

1.

Heard learned Advocates appearing for the respective parties.

2.

Plaintiff has carried out the amendment pursuant to the order dated 03.12.2025. However series of objections have been raised by Mr. Khambata as well as Mr. Dwarkadas, inter alia, stating that the said amendment carried out by the Plaintiff is in excess of what was permitted by the Court and completely alters and changes the character of the Suit proceeding as originally filed. 3.

Both Defendants being aggrieved with the extent of the amendment have filed their respective Interim Applications seeking striking of the said amendment i.e. undesired amended portion. 4.

Mr. Cama is directed by the Court to take appropriate instructions and apprise the Court to the extent of striking out of the

amended portion strictly adhering to the directions contained in the order dated 03.12.2025 for carrying out the appropriate amendment. If there is any excessive amendment that has been done, the same shall be considered by Plaintiff and accordingly Court shall be apprised on the next adjourned date, on which date both the Interim Applications seeking striking of the excessive amended portion will be considered by the Court.

5.

List the matters on Board on 21st January 2026. [ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date:

2026.01.07 17:09:50 +0530 AJAY TRAMBAK UGALMUGALE