RAJ TRANSPORT and TRADING COMPANY vs BARGE MADHWA AND ANR

Judgment text excerpt

6-ADMS-17-2015.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY AND VICE ADMIRALTY JURISDICTION INTERIM APPLICATION (L) NO. 4027 OF 2025 IN ADMIRALTY SUIT NO. 17 OF 2015 AND ADMIRALTY SUIT NO. 17 OF 2015 Raj Transport and Trading Company … Applicant/Plaintiff Versus Barge Madhwa and another … Defendants Mr. Dhruva Gandhi alongwith Mr. Naishad Bhatia and Mr. Heetkumar Vachhani instructed by Crawford Bayley & Co. for the Plaintiff in ADMS 17/15 and for Applicant in IAL 4027/25. Mr. Madhur Zatakia alongwith Mr. Raghav Chadha, Ms. Harsha Uppal and Mr. Akash Manwani instructed by AZB and Partners for the Liquidator of Defendant No. 2. CORAM : ABHAY AHUJA, J. DATE : 4 APRIL 2025 ORAL JUDGMENT : 1. This Interim Application has been filed by the Applicant / Plaintiff under Order XII Rule 6 of the Code of Civil Procedure, 1908. 2. Today when the matter is called out, Mr. Gandhi, learned Counsel appears for the Applicant and submits that affidavit in reply dated 25th March, 2025 has been filed by the Defendant No.2 to the said Interim Application. Nikita Gadgil/Kanchan Dhuri 1/40 6-ADMS-17-2015.doc 3. Mr.Dhruva Gandhi, learned Counsel appearing for the Plaintiff/Applicant submits that the Suit has been filed for a judgment and decree for a sum of Rs. 15,04,797/-: the principal claim amount of Rs. 12,82,717/- and further interest at the rate of 18% per annum amounting to Rs. 2,22,080/- from the due date of each invoice till realization of the monies, and for costs. 4. Mr.Gandhi submits that the Plaintiff is a partnership firm engaged inter-alia in the business of supply of necessaries (viz. water and self- propelled barges for supplying of water) to sea-going vessels at various ports in India and the Defendant No. 1 is an Indian barge lying at Mumbai Port, within the jurisd