BHAMBHANI SHIPPING LTD vs THE BOARD OF MUMBAI PORT AUTHORITY

Judgment text excerpt

37. IA 1489-25 in COMAS 81-21.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY Digitally signed by ADMIRALTY AND VICE ADMIRALTY JURISDICTION NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date: 2025.11.08 INTERIM APPLICATION NO. 1489 OF 2025 20:18:50 +0530 IN COMMERCIAL ADMIRALTY SUIT NO. 81 OF 2021 Bhambhani Shipping Ltd. Applicant In the matter between The Board of Mumbai Port Authority ...Plaintiff V/s. Halani Star & Ors. ...Defendants Mr. Dhruva Gandhi with Ms. Charmi Shah i/b Crawford Bayley & Co. for the Applicant/Defendant No.2. Mr. Ajai Fernandes with Mrs. Nina Motiwalla, Ms. Janhavi Kandekar and Ms. Anjali Kotecha for the Plaintiff. CORAM : ABHAY AHUJA, J. DATE : 7th NOVEMBER, 2025 ORAL ORDER. : 1. This Interim Application seeks condonation of delay of approximately 684 days in filing the additional written statement and a direction to take the same on record. 2. Mr. Gandhi, learned Counsel appearing for the Applicant submits that this Application has been filed on behalf of the Defendant No.2. Learned Counsel submits that the Plaint was filed on 27 th August, 2021 and was registered on 18th December, 2021. The written statement was filed on behalf of the Defendant No. 2 on 8 th November, 2021, well Nikita Gadgil 1/19 37. IA 1489-25 in COMAS 81-21.doc before the expiry of 120 days. That by Interim Application (L) No. 7315 of 2023, the Plaintiff sought to amend the Plaint to incorporate certain claims that had arisen after the filing of the Suit. The said Interim Application was allowed by order dated 11 th April, 2023 and by the said order, the Defendants were permitted to file additional written statement to the amended Plaint within a period of three weeks from the service of the amended Plaint. 3. Mr. Gandhi submits that unfortunately the additional written statemen