Bombay High Court
Rajnish Steels vs Gac Shipping (India) Pvt. Ltd. And 2 Ors on 15 March, 2022
Author: N. J. Jamadar
Bench: N. J. Jamadar
13-comas-7-2021+.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ADMIRALTY AND VICE-ADMIRALTY JURISDICTION
IN ITS COMMERCIAL DIVISION
Digitally
signed by COMMERCIAL ADMIRALTY SUIT NO. 7 OF 2021
SHRADDHA
SHRADDHA KAMLESH
KAMLESH TALEKAR
TALEKAR Date:
2022.03.16
10:51:19
GAC Shipping (India) Pvt. Ltd. ... Plaintiff
+0530
vs.
M.V. GOLDEN PRIDE ... Defendant
WITH
INTERIM APPLICATION NO. 3140 OF 2021
IN
COMMERCIAL ADMIRALTY SUIT NO. 7 OF 2021
Rajnish Steels .. Applicant
In the matter between :
GAC Shipping (India) Pvt. Ltd. ... Plaintiff
vs.
M.V. GOLDEN PRIDE ... Defendant
WITH
COMAP (L.) NO. 10068 OF 2021
IN
COMMERCIAL ADMIRALTY SUIT NO. 7 OF 2021
Mr. Kunal Naik i/b Ridhi Nyati for applicant in IA/3140/2021.
Mr.Bimal Rajasekhar for plaintiff.
Mr.Kunal Gaikwad for defendant No.1 (VP not fled).
CORAM : N. J. JAMADAR, J.
DATE : 15th MARCH, 2022 P.C.:
INTERIM APPLICATION (L.) NO. 3140 OF 2021
1. Heard the learned counsels for the parties.
2. The learned counsel for the defendant No.1, the erstwhile Shraddha Talekar, PS 1/2 13-comas-7-2021+.doc owner of the defendant No.1-vessel, has tendered an affdavit in reply.
3. The affdavit in reply is taken on record.
4. The applicant-auction purchaser is at liberty to fle an affdavit in rejoinder within a week's time and serve its copy on the defendant No.1.
5. Mr.Kunal Naik, the learned counsel for the applicant-
plaintiff submits that to recover the unpaid wages of the crew, two Admiralty Suits have been instituted, being Commercial Admiralty Suit No.49 of 2021 and Admiralty Suit No.3 of 2021. The learned counsel further submits that it would be appropriate to decide this interim application along with the Summons for Judgment taken out in those two admiralty suits as the issue of priority of the claim of the crew members arises.
6. List the matter along with Commercial Admiralty Suit No.49 of 2021 and Admiralty Suit No. 3 of 2021 on 29th March 2022.
(N. J. JAMADAR, J.) Shraddha Talekar, PS 2/2