Bombay High Court
Melayi Kandi Jayarajan vs Ahtv Sangita And Anr on 5 November, 2019
Author: K.R.Shriram
Bench: K.R.Shriram
1/2 10.NMS1974.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ADMIRALTY & VICE ADMIRALTY JURISDICTION
NOTICE OF MOTION NO.1974 OF 2018
IN
ADMIRALTY SUIT NO.18 OF 2017
Melayi Kandi Jayarajan )....Applicant/Plaintiff
V/s.
Ahtv Sangita & Anr. )....Defendants
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Mr.Kundanlal Patil i/by Vyas and Bhalwal for applicant/plaintiff. Ms.Aparna Sinha i/by S.Priya for defendant no.2 (in liquidation).
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CORAM : K.R.SHRIRAM,J DATE : 5.11.2019 P.C.:-
1. Mr.Patil appearing for applicant/plaintiff submits that prayer clause-(a) be granted forthwith since plaintiff has been diagnosed with cancer and is undergoing treatment. Mr.Patil states plaintiff required money urgently.
2. Ms.Sinha appearing for defendant no.2 states claims of various crews are still being adjudicated and therefore, it will not be possible to release any money immediately. Ms. Sinha states that if there is a shortage of funds then the amount will have to be distributed pari passu.
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3. I have to note that a decree on admission to the extent of part of plaintiff's claim was granted on 6.7.2018. The Official Liquidator cannot take his own sweet time and work at his own convenience particularly when the claims are of crew members. There are innumerable cases where workmen die before the Liquidator pays their claim. In this case Mr.Patil for plaintiff states that plaintiff is diagnosed with cancer and is undergoing treatment. Therefore, Official Liquidator is directed to immediately take steps to adjudicate the claims of the crew members because Ms.Sinha states that notice inviting claims was issued in 2018 and in any case before 6.7.2018. Official Liquidator is therefore, directed to adjudicate all the claims of the crew members within four weeks from today and if there is a shortage of staff, he may take the assistance of Advocate on record to ascertain each claim.
4. Official Liquidator is directed to take steps forthwith and any delay will be viewed seriously.
5. Stand over to 22.11.2019 for directions.
(K.R.SHRIRAM,J) KJ ::: Uploaded on - 06/11/2019 ::: Downloaded on - 06/11/2019 23:56:02 :::