THE BOARD OF MUMBAI PORT AUTHORITY vs M.T.ROYAL DIAMOND 7 AND 2 OTHERS

Judgment text excerpt

COMAS-99-2015.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ADMIRALTY SUIT NO. 99 OF 2015 The Board of Mumbai Port Authority ) A Body Corporate constituted under ) Section 3 of the Major Port Authorities ) Act, 2021, having its registered address ) Vijaydeep, Shoorji Vallabhdas Marg, ) Ballard Estate, Mumbai 400 038. )...Plaintiff Versus 1. M. T. Royal Diamond 7, ) A foreign owned Vessel ) ) 2. Hanjin Shipping Co. Ltd., ) A Company incorporated under the laws ) of Korea, having its office at 25-11 ) Yeouido-Dong, Yeongdeungpo-gu, ) 150-949, Korea. ) ) 2A. Legal Custodian of Hanjin Shipping Co. ) Mr. Suk Tai, Soo, 659 Gonghang-daero ) Gangseo-gu, Seoul, Korea. ) ) 3. Samudra Marine Services Pvt. Ltd. ) A Company incorporated under the ) Companies Act, 1956, having its office at ) 12, Ajaydeep, 1st floor, 240 Perin Nariman ) Street, Fort, Mumbai – 400 001. )...Defendants Mr. Dhruva Gandhi a/w. Ms. Heenal Wadhwa i/b. The Law Point for the Plaintiff. None for the Defendants. avk 1/44 COMAS-99-2015.doc CORAM : ABHAY AHUJA, J. RESERVED ON : 06th FEBRUARY 2026 PRONOUNCED ON : 08th JUNE 2026 JUDGMENT: 1. The Plaintiff is a body constituted under the Section 3 of the Major Port Trust Authorities Act, 2021 and renders various services including port facilities to the vessels coming to the Port of Mumbai. 2. The Defendant No. 1 is a foreign owned Vessel, the Defendant No. 2 is the bareboat charterer of the Vessel and Defendant No. 3 is the Company who acted as the shipping agent for Defendant No. 2. Since the Defendant No. 2-Company was under liquidation, Defendant No.2A was brought on record vide order dated 18 th April 2018 as the legal custodian of the Defendant No. 2. 3. Mr. Gandhi has submitted th