CARNIVAL PLC vs Irwin Edmund Sequeira

Judgment text excerpt

51. IA 4910-25 in COMAS 11-21.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY AND VICE ADMIRALTY JURISDICTION INTERIM APPLICATION NO. 4910 OF 2025 IN COMMERCIAL ADMIRALTY SUIT NO. 11 OF 2021 Carnival PLC Applicant In the matter between Irwin Edmund Sequeira & Ors. ...Plaintiffs V/s. Sale Proceeds of MV Karnika ...Defendant Mr. Prashant Pratap, Senior Advocate i/b Mr. Kaushik S. Krishnaswamy for the Applicant. Mr. Prathamesh Kamat i/b Renata Partners LLP for the Plaintiffs. Mr. Ajai Fernandes i/b Motiwalla and Co. for the Defendant. CORAM : ABHAY AHUJA, J. DATE : 12th DECEMBER, 2025 ORAL ORDER : 1. By this Interim Application, the Applicant viz. Carnival PLC seeks intervention in Commercial Admiralty Suit No. 11 of 2021 and permission to be joined as party Defendant therein. 2. Earlier reply has been filed on behalf of the Plaintiffs in the Suit, opposing the Intervention Application. On the 28 th November, 2025, Mr. Pratap, learned Senior Counsel for the Applicant had submitted that no rejoinder is necessary in the matter as the Interim Applicant has a decree in its favour and are interested in the outcome of the Suit and Nikita Gadgil 1/27 51. IA 4910-25 in COMAS 11-21.doc that this Court may allow the Interim Application for intervention of the Applicant. This Court had adjourned the matter to be listed on 5 th December, 2025 and however also permitted rejoinder, if any, to be filed and served by the next date. Thereafter, the matter was listed on 5th December, 2025, when this Court was informed that no rejoinder would be filed. On the said date, Mr. Prathamesh Kamat, learned Counsel for the Plaintiff, had opposed the intervention and tendered across the bar two decisions of this Court in the cases of Axis Trustee Services Ltd. in the matter between Indian Oil