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Bombay High Court

Bhambhani Shipping Pvt Ltd vs Akhil Bharatiya Navik Sangh(Formerly ... on 17 October, 2025

Author: M.S. Sonak

Bench: M.S. Sonak

                                                  6-WP-1378-2024 (OS).DOCX

                                                                                Mayur


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            ORDINARY ORIGINAL CIVIL JURISDICTION

                    WRIT PETITION NO. 1378 OF 2024

 Akhil Bharatiya Navik Sangh (formerly
 Known As Seafarers And Shipping
 Employees Union Of India)                                    ...Petitioner
          Versus
 Union Of India And 2 Ors                                     ...Respondents
                         WITH
       INTERIM APPLICATION (L) NO. 28550 OF 2022
                         WITH
         INTERIM APPLICATION NO. 4555 OF 2022
                         WITH
         INTERIM APPLICATION NO. 4558 OF 2022
                         WITH
         INTERIM APPLICATION NO. 4074 OF 2022
                         WITH
         INTERIM APPLICATION NO. 4073 OF 2022
                         WITH
       INTERIM APPLICATION(L) NO. 29722 OF 2022
                         WITH
         INTERIM APPLICATION NO. 4562 OF 2022
 ______________________________________________________
 Mr. Subhash Jha, a/w Iyanah Parbhoo i/b Meraki Chamber,
     for Petitioner.
 Mr. Pankaj Sawant, Senior Advocate a/w Adv. Nishit Dhrvva,
     Adv. Khushbu Chhajed and Adv. Pulkit Awasti i/b MDP
     Legal, for Respondent No.2.
 ______________________________________________________


                               CORAM : M.S. Sonak &
                                       Advait M. Sethna, JJ.

DATED : 17 October 2025 P.C.:-

6-WP-1378-2024 (OS).DOCX

1. Heard learned counsel for the parties.

2. We have been informed that some claims are pending before the liquidator. Mr. Sawant refers to the liquidator's affidavit which according to him, states that out of 41 entities whom the petitioner represents, 32 entities filed their claims, out of which the liquidator has disposed of about 27 claims.

3. If that is so, the liquidator is directed to disposed of any remaining claims, if any, pending before the liquidator.

4. Mr. Jha states that the above position may not be correct correct. Accordingly, the petitioners are at liberty to file further pleadings/rejoinder to deal with the liquidator's affidavit. They should clearly indicate whether 27 claimants, whose claims have been disposed of by the official liquidator, have any subsisting grievances. The petitioner must enclose the letter or communication from these 27 entitles explaining their position in the matter.

5. This Court also feels that before the matter is heard on its merits, the parties must consider the possibility of an amicable settlement, preferably by adopting the mode of mediation. Although Mr. Sawant was a little skeptical, we think that ONGC which is a public authority, must consider whether an attempt would be made at mediation. Mr. Sawant, now states that he will obtain instructions as to whether mediation could be explored.

6. We post this matter on 5th December 2025 for further Page 2 of 3 ::: Uploaded on - 18/10/2025 ::: Downloaded on - 24/10/2025 23:08:58 ::: 6-WP-1378-2024 (OS).DOCX consideration.

7. However, if the parties agree to any mediation proposal then, they are at liberty to apply so that the matter could be referred to mediation pending further consideration of this petition.

  (Advait M. Sethna, J)                              (M.S. Sonak, J.)




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