THE BOARD OF MUMBAI PORT AUTHORITY vs GERIMAL

Judgment text excerpt

1-IA-954-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY AND VICE ADMIRALTY JURISDICTION INTERIM APPLICATION NO. 954 OF 2025 IN COMMERCIAL ADMIRALTY SUIT NO. 19 OF 2022 The Board of Mumbai Port Authority … Applicant Versus DSV Gerimal (IMO No.7932240) and another … Respondents WITH COMMERCIAL ADMIRALTY SUIT NO. 19 OF 2022 Mr. Ajai Fernandes alongwith Mr. Deepak Motiwalla, Mrs. Nina Motiwalla, Mr. Rooshesh Motiwalla, Ms. Janhavi Kandekar and Ms. Anjali Kotecha instructed by Motiwalla & Co., Advocates for the Applicants in IA-954-2025 and for the Plaintiffs in COMAS-19-2022. Mr. Dhruva Gandhi alongwith Mr. Siddharth Manek instructed by Crawford Bayley & Co., Advocates for the Defendants No.1 and 2 in COMAS-19-2022 and for Respondent in IA-954-2025. CORAM : ABHAY AHUJA, J. DATE : 22 AUGUST 2025 ORAL ORDER. : 1. This Interim Application seeks to amend the Plaint as per the schedule. 2. When the matter is called out, at the outset, Mr. Gandhi, learned Counsel appearing for the Defendants/Respondents, submits that while he has no objection to the amendments seeking to add Exhibits H-1 to H-10 as the said amendments are with respect to events subsequent to the filing of the Suit, however, with respect to Exhibits H-11 to H-14, he Nikita Gadgil 1/9 1-IA-954-2025.doc has instructions to oppose the Interim Application in as much as the said documents were even prior to the filing of the Suit in the Plaintiff/ Applicant power, possession, control and custody, but were not filed with the Plaint and in view of the provisions of Order XI Rule 1 of the Code of Civil Procedure, 1908 (“CPC”) as amended by the Commercial Courts Act, 2015 and as applicable to the Commercial Courts cannot be permitted. 3. Upon a query from the Court to Mr. Gandhi as to whether he has instructi