Bombay High Court
The Board Of Trustees Of The Port Of ... vs M.T.Royal Diamond 7 And 2 Others on 4 August, 2022
Author: N. J. Jamadar
Bench: N. J. Jamadar
13-comas-99-2015.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL ADMIRALTY SUIT NO.99 OF 2015
WITH
INTERIM APPLICATION (L) NO.23946 OF 2022
Board of Trustees of The Port of Mumbai ...Plaintiff
vs.
VISHAL M.T. Royal Diamond and Others ...Defendants
SUBHASH
PAREKAR Mr. Omprakash Jha i/b. The Law Point, for the Applicant/Plaintiff.
Digitally signed by
VISHAL SUBHASH Mr. Prathamesh Kamat, Ms. Arshi Carol, Mr. Saurabh Patil, Mr.
PAREKAR
Date: 2022.08.04 Shantanu Joshi i/b. Harsh Pratap, for Defendant No. 3.
19:18:58 +0530
CORAM : N. J. JAMADAR, J.
DATE : AUGUST 04, 2022
P.C.:
IAL No.23946 of 2022 :-
1. Heard the learned counsel for the applicant/plaintiff and the
learned counsel for the defendants.
2. This application is taken out to amend the plaint so as to
incorporate the change in the name of the plaintiff post enactment
of Major Port Authorities Act, 2021 and also to scale down the value
of suit claim.
3. The proposed amendment as regards the change in the name
of the plaintiff appears to be essentially consequential to the
legislative change brought about by enactment of Major Port
Authorities Act, 2021.
4. The plaintiff also proposes to revise the suit claim as the
Vishal Parekar, P.A. ...1
13-comas-99-2015.doc
plaintiff has realized, post institution of the suit, that the claim is
required to be scaled down.
5. Having regard to the nature of the proposed amendment,
there is no possibility of prejudice to the defendants. Hence, the
application deserves to be allowed. Thus, the following order.
ORDER
1] The application stands allowed in terms of prayer clause (a). 2] The plaintiff shall carry out the amendment in accordance with the Schedule appended to the application, including the revision in the Particulars of the Claim.
3] Necessary amendment be carried out within a period of two weeks and amended copy of the plaint be served on the defendants within one week thereafter.
List on 30th August, 2022.
(N. J. JAMADAR, J.)
Vishal Parekar, P.A. ...2