Bombay High Court
Balboa Shipping Inc vs Indian Coast Guard on 17 March, 2026
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
934-935-936-WP(L)-8348-2026-(OS).odt
Digitally signed
by SUNNY
SUNNY ANKUSHRAO
ANKUSHRAO THOTE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
THOTE Date:
2026.03.18
10:13:31 +0530
ORDINARY ORIGINAL CIVIL JURISDICTION
(934) WRIT PETITION (L) NO. 8348 OF 2026
Balboa Shipping INC ...Petitioner
Versus
Indian Coast Guard & Ors. ...Respondents
AND
(935) WRIT PETITION (L) NO. 8379 OF 2026
Star Management Shipping INC ...Petitioner
Versus
Indian Coast Guard & Ors. ...Respondents
AND
(936) WRIT PETITION (L) NO. 8445 OF 2026
Royal Princess Shipping INC ...Petitioner
Versus
Indian Coast Guard & Ors. ...Respondents
****
Mr. Kunal Mehta a/w Mr. Gitesh Sawant, Mr. Patrick Gomes i/by
Prince Kumar Upadhyay for the Petitioner in WP(L)/8348/2026.
Mr. Dhurva Gandhi a/w Mr. Gitesh Sawant, Mr. Patrick Gomes i/by
Prince Kumar Upadhyay for the Petitioner in WP(L)/8379/2026.
Mr. Cyrus Ardeshir, Senior Advocate a/w Mr. Gitesh Sawant,
Mr. Patrick Gomes i/by Prince Kumar Upadhyay for the Petitioner in
WP(L)/8445/2026.
Mr. Jitendra Mishra a/w Ms. Nilu Mishra, Mr. Ashutosh Mishra,
Mr. Rupesh Dubey for Respondent Nos.1, 3 & 4 in all Petitions.
Mr. Amar Mishra, AGP for Respondent No.2/State in
WP(L)/8348/2026.
Mr. Akshay Patkar, AGP for Respondent No.2/State in
WP(L)/8379/2026.
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Mr. Vikrant Parshurami, AGP for Respondent No.2/State in
WP(L)/8445/2026.
Commandant, V. Sood & Commandant, A. Dabas, Regional Law
Officers, Indian Coast Guard, present.
Assistant Commandant, R. S. Thakur, Regional Law Officers, Indian
Coast Guard, present.
Mr. Ravindra Mohite, Police Inspector, Yellow Gate Police Station,
present.
****
CORAM : RAVINDRA V. GHUGE
&
ABHAY J. MANTRI, JJ.
DATE : 17th MARCH, 2026 P.C. :-
1. Leave to add the Director General of Shipping with the postal address, as Respondent No.4. Addition be carried out forthwith.
2. In all these matters, the learned Advocate appearing on behalf of Respondent Nos.1, 3 and 4 viz. Indian Coast Guard and the Union of India, has conveyed to us that there are certain grave irregularities, inasmuch as, illegal acts committed by the Petitioners' vessels, that the Authorities concerned are required to commence a thorough investigation. The Yellow Gate Police Station has arrested three important members of the personnel sailing on these three vessels, for investigation.
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3. To give us a preview, it is conveyed that the Intelligence Department has noticed certain acts and movements of these vessels, which prima facie indicate an alignment with a neighbour State, which is not in the interest of the nation. One of the vessels was noticed near Pakistan's Exclusive Economic Zone, on 20th January, 2026 and 21st January, 2026. The Automatic Identification System ('AIS') is supposed to be kept continuously operational and is not to be shutdown at any time. However, all these three vessels had switched off their AIS at different times and different locations, which is termed as 'spoofing'. The locations of these vehicles was noticed by the Coast Guard by using the 'Very High Frequency' Radio Mechanism ('VHF'). The information given by these vessels was of a location different from the actual location near Pakistan, when the coast guard had already tracked them with VHF. They were not at Alang near Gujarat.
4. The Director General of Shipping has also collated information and has prepared a short survey report dated 27 th February, 2026, which is read out to us and which indicates that the registration of some of the ships is found to be fake, the insurance drawn for some of the vessels is found to be fake. The national flag flying on some other vessels is found to be fake.
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5. The learned Advocates for the Petitioners deny the aforesaid contentions and submit that they could gather instructions and answer each of these allegations.
6. In view of the above, issue notice to the Respondents. The learned Advocate, Mr. Jitendra Mishra, waives service of notice on behalf of Respondent Nos.1, 3 and 4 in all Petitions. The learned AGP, Mr. Amar Mishra, waives service of notice on behalf of Respondent No.2 in Writ Petition (L) No.8348 of 2026. The learned AGP, Mr. Akshay Patkar, waives service of notice on behalf of Respondent No.2 in Writ Petition (L) No.8379 of 2026. The learned AGP, Mr. Vikrant Parshurami, waives service of notice on behalf of Respondent No.2 in Writ Petition (L) No.8445 of 2026.
7. Let the affidavits in reply be filed by the Respondents, on or before 2nd April, 2026.
8. Until then, in the light of the submissions made by the learned Senior Advocate for the Petitioners, we grant liberty to the Petitioners to purchase their daily/weekly supplies (food, water, fuel, medicines, etc.) from their regular suppliers, subject to the security measures as may be in vogue.
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9. The learned Advocate representing Respondent Nos.1,3 and 4, and the learned AGPs for Respondent No.2, submit that on no occasion, would any of the suppliers be prevented from supplying such goods to the vessels. Routine verification and checking will have to be done, as is normally done with every vessel considering the security angle involved. It is further conveyed to us that the investigation would be completed in coordination with the Indian Coast Guard and the Yellow Gate Police Station, within two to four weeks.
10. The Petitioners desire to carry out amendments to the Petition memo. Draft amendments are shown to the Court. Copies are supplied to the Respondents. As such, the amendment be carried out within a week.
11. The Petitioners have requested for liberty to carry out the valuation of the vessels, because, if eventually this Court comes to a conclusion that the vessels could be released on bonds for particular value of the vessel, the Petitioners need to know the valuation. The learned Advocate representing Respondent Nos.1, 3 and 4 submits, on instructions, that subject to scrutiny of the SUNNY THOTE 5 of 6 ::: Uploaded on - 18/03/2026 ::: Downloaded on - 18/03/2026 20:45:26 ::: 934-935-936-WP(L)-8348-2026-(OS).odt Authorities, specialized agencies/surveyors, if called upon by the Petitioners, may carry out the valuation of the vessels.
12. Considering that the replies would be tendered by 2 nd April, 2026, list these Petition in the 'Urgent Admission Hearing Category' on 6th April, 2026.
(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)
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