Bombay High Court
Idbi Bank Limited (Proposed ... vs The Board Of Trustees Of The Port Of ... on 15 December, 2021
Author: B.P.Colabawalla
Bench: B.P.Colabawalla
22-IA(L)-27743-2021.doc
GANESH
SUBHASH IN THE HIGH COURT OF JUDICATURE AT BOMBAY
LOKHANDE
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed by
GANESH SUBHASH
LOKHANDE
ADMIRALTY AND VICE ADMIRALTY JURISDICTION
Date: 2021.12.16
14:30:29 +0530
INTERIM APPLICATION (L) NO. 27743 OF 2021
IN
COMMERCIAL ADMIRALTY SUIT (L) NO. 25587 OF 2021
IDBI Bank Limited .. Applicant/
Proposed Intervener
IN THE MATTER BETWEEN:-
The Board of Trustees of the Port of Mumbai .. Plaintiffs
Vs.
DLB Nand Gaurav (MMSI:419900783) & Ors. .. Defendants
Zarir Bharucha i/b. ZBA for the Applicant.
Ajai Fernandes a/w. Sneha Pandey i/b. Motiwalla & Co. for the Original
Plaintiffs.
Gopalkrishna Nayak i/b. Flavia Legal for Defendant No. 4.
CORAM :- B.P.COLABAWALLA, J.
DATE :- 15th DECEMBER, 2021.
P. C.:
1. The above Application has been filed by the
Applicant/proposed Intervener [IDBI Bank Limited] seeking to be joined as Defendant No.5 to the above Suit.
Ganesh Lokhande 1/3
22-IA(L)-27743-2021.doc
2. Mr. Bharucha, the learned advocate appearing on behalf of the Intervener, brought to my attention an order dated 25 th November, 2021 passed by this Court in this very suit under which this Court ordered Suraksha Asset Reconstruction Private Limited to be joined as Defendant No.4 in the above Suit. He submitted that Suraksha Asset Reconstruction Private Limited was joined as Defendant No.4 as it claimed that it had an interest in the 1st Defendant Vessel.
3. Mr. Bharucha submitted that in the facts of this case also IDBI Bank Ltd, is the first ranking pari passu charge holder along with Suraksha Asset Reconstruction Private Limited. He, therefore submitted that IDBI Bank Ltd also be joined as party Defendant No.5 to the above Suit.
4. Mr. Fernandes, the learned advocate appearing on behalf of the Original Plaintiff, fairly stated that in view of the order passed by this Court on 25th November, 2021, IDBI Bank Ltd., can also be joined as Defendant No. 5 in the above Suit.
5. In view of the fair stand taken by the parties, the Interim Application is allowed and the Applicant is directed to be joined as party Defendant No.5 to the above Suit. The amendment shall be carried out Ganesh Lokhande 2/3 22-IA(L)-27743-2021.doc on or before 6th January, 2022 and a copy of the amended plaint shall also be served on all the Defendants within a period of two weeks from the date of carrying out the amendment. Re-verification is dispensed with.
6. Mr. Bharucha, the learned advocate appearing on behalf of the Applicant (and who is now Defendant No.5), waives service writ of summons and has stated that Defendant No.5 shall file its written statement in the above Suit within a period of 30 days from the date of service from the amended plaint on Defendant No.5. The said statement is accepted.
7. The above Interim Application is accordingly disposed of. No order as to costs.
8. All parties to act on an authenticated copy of this order digitally signed by the Personal Assistant /Private Secretary/Associate of this Court.
(B. P. COLABAWALLA, J.) Ganesh Lokhande 3/3