U.M. SALGAOCAR and BROS. vs M.V. PRIYAMVADAN and ANR.

Judgment text excerpt

2025:BHC-OS:11097 adms 31 of 1995.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY AND VICE ADMIRALTY JURISDICTION ADMIRALTY SUIT NO.31 OF 1995 V.M.Salgaocar and Bro. Ltd., a Company registered under the Companies Act, 1956 and having its Registered Office at Salgaocar House, Francisco Luis Gomes Road, Vasco Da Gama, Goa – 403 802 .... Plaintiff versus 1. M.V.Priyamvada, Motor Vessel flying the Indian flag and registered at the port of Bombay. 2. V.S.Dempo 1&Co. Ltd., Dempo House, Panaji, Goa, Owners of and all other persons interested in the Vessel M.V.Priyamvada … Defendants Mr. Amrut M. Vernekar, for Plaintiff. Mr. Sunip K. Sen with Mr. Udaybhanu Singh, Mr. Zain A.K. Najam-Es-Sani i/by R.A.K. Najam-Es-Sani, for Defendants. CORAM : N.J.JAMADAR, J. RESERVED ON : 10 JANUARY 2025 PRONOUNCED ON : 17 JULY 2025 JUDGMENT : 1. This suit is instituted for the arrest of M.V.Priyamvada – Defendant No.1 Vessel, sale thereof and the application of the sale proceeds towards the satisfaction of the claim of damages towards the loss suffered by the Plaintiff on account of the damage to the Plaintiff’s Vessel – M.V.Sanjeevani due to SSP 1/98 adms 31 of 1995.doc collision by M.V.Priyamvada – Defendant No.1 Vessel. 2. The material averments in the plaint run as under : 2.1 The Plaintiff is a company registered under the Companies Act, 1956. The Plaintiff owned a motorised Vessel M.V.Sanjeevani, which had been rebuilt and converted into a trans-shipper. M.V.Sanjeevani flied the Indian flag and was registered at the Port of Bombay. It was classed as an Oreloader (Harbour Service) with NKK class notation NS/MNS. 2.2 M.V.Priyamvada – Defendant No.1 Vessel is a motor vessel flying the Indian Flag, and was registered at the Port of Bombay. M.V.Priyamvada was classed for coastal service