VALIMOHAMED HASHEM KHAKHRA vs M V LABITRA CARMEL IMO NO. 8739114 AND 3 ORS

Judgment text excerpt

908. IA 1285-25 in EXA 623-24.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1285 OF 2025 IN EXECUTION APPLICATION NO. 623 OF 2024 Valimohamed Hasher Khakhra ...Applicant V/s. M. V. Labitra Carmel IMO 8739114 and Ors. ...Respondents Mr. Kunal Damle with Mr. Rupesh Lanjekar for the Applicant. None for the Respondents. CORAM : ABHAY AHUJA, J. DATE : 10th OCTOBER, 2025 ORAL JUDGMENT 1. This Interim Application seeks a direction to the Prothonotary & Senior Master to release the amount of Rs. 1,03,07,839.73/- along with interest as per the judgment and order dated 22 nd February, 2022, passed in Admiralty Suit No. 64 of 2015 in favour of the Applicant, which is lying in this Court with respect to the sale proceeds of M. V. Labitra Kharisma and M. V. Betul SSA, which were owned by the very same ship owner viz. Jaisu Shipping Company Pvt. Ltd. and sold in auction in Admiralty Suit No. 12 of 2014 and Admiralty Suit No. 36 of 2014. Nikita Gadgil 1/8 908. IA 1285-25 in EXA 623-24.doc 2. Mr. Damle, learned Counsel appearing for the Applicant submits that earlier, by order dated 22nd February, 2022, Suit in favour of the Applicant was decreed in terms of prayer Clause (a), except that interest on principal sum of Rs. 50,42,325/- from date of the Suit till payment or realisation would be at the rate of 12% per annum and it was directed that the decree be drawn up after giving credit to a sum of Rs.9,09,000/- admittedly received by the Plaintiff. 3. Mr. Damle submits that thereafter the decree was drawn up and as per the decree, the Defendants No. 1, 3 and 4 have been directed to pay to the Plaintiff a sum of Rs. 67,25,549.67 for debt and Rs. 43,81,435.06 for interest at the rate of 12% per annum on the sum of Rs. 50,42,325