Dvb Asia Ltd vs M. V. Malaviya Twenty Three Imo No ... on 21 February, 2023

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Bombay High Court

Dvb Asia Ltd vs M. V. Malaviya Twenty Three Imo No ... on 21 February, 2023

Bench: N. J. Jamadar

                                                     27-IAL39567-2022INADMS41-2015.DOC

                                                                                   Santosh
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             ADMIRALTY AND VICE ADMIRALTY JURISDICTION


                               INTERIM APPLICATION (L) NO. 39567 OF 2022
                                                 IN
                                    ADMIRALTY SUIT NO. 41 OF 2015
SANTOSH
SUBHASH
KULKARNI              DVB Asia Ltd.                                          ...Applicant
Digitally signed by
SANTOSH SUBHASH       In the matter between
KULKARNI
Date: 2023.02.22
10:56:49 +0530
                      DVB Asia Ltd. and Anr.                                 ...Plaintiffs
                                           Versus
                      M. V. "Malaviya Twenty Three" IMO
                      No.9299082 and Ors.                                ...Defendants

                      Mr. Pranav Dessai, a/w Ms. Pratiksha Avhad, i/b Mulla &
                            Mulla CBC, for the Applicant/Plaintiff.
                      Dr. Sneha Goyal, for the Defendants.

                                                    CORAM:      N. J. JAMADAR, J.

                                                    DATED :     21st FEBRUARY, 2023
                      PC:-

1. Heard the learned Counsel for the applicant.

2. At the outset, the learned Counsel for the plaintiff - applicant seeks leave to amend the Schedule of Amendment in accordance with the draft amendment handed in.

Leave granted.

3. The Schedule of Amendment be amended forthwith in accordance with the Draft Amendment handed in ("X").

4. The learned Counsel for the applicant seeks leave to tender further affidavit on behalf of the applicant.

Leave granted.

1/2

27-IAL39567-2022INADMS41-2015.DOC Further affidavit is taken on record.

5. The applicant - plaintiff No.1 has taken out this application to amend the plaint and connected proceedings so as to incorporate the change of address of plaintiff No.1 and correct the name of plaintiff No.2 on account of the merger of plaintiff No.2 with DZ Bank AG Deutsche Zentral - Genossenschafts bank, Frankfurt/Main.

6. Perused the averments in the application and the certificate of registration and its accompaniments (Exhibit-A) to the further affidavit. It seems that the proposed amendment is essentially consequential to the change in address and merger of plaintiff No.2 with DZ Bank AG Deutsche Zentral - Genossenschafts bank, Frankfurt/Main

7. Hence, the application stands allowed in terms of prayer Clauses (a) to (c).

8. Necessary amendment in accordance with the amended Schedule of Amendment handed in ("X") be carried out within a period of two weeks.

Re-verification dispensed with.

9. Amended copy of the plaint and the proceedings be served on the defendants within a period of three weeks thereafter.

[N. J. JAMADAR, J.] 2/2

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