Bombay High Court
Bhambhani Shipping Ltd vs The Board Of Mumbai Port Authority on 25 July, 2025
Author: Abhay Ahuja
Bench: Abhay Ahuja
16-IA-1489-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ADMIRALTY AND VICE ADMIRALTY JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION NO. 1489 OF 2025
IN
COMMERCIAL ADMIRALTY SUIT NO. 81 OF 2021
BHAMBHANI SHIPPING LTD. )...APPLICANT
IN THE MATTER BETWEEN
THE BOARD OF MUMBAI PORT AUTHORITY )...PLAINTIFF
V/s.
HALANI STAR AND OTHERS )...DEFENDANTS
Mr.Ajai Fernandes a/w. Mrs. Nina Motiwalla, Mr.R. Motiwalla,
Ms.Janhavi Kandekar, Ms.Anjali Kotecha i/by Motiwalla & Co.,
Advocate for the Plaintiff.
Mr.Dhruva Gandhi a/w. Mr.Siddarth Manek, Mr.Heetkumar Vachhani
and Ms.Charmi Shah i/by Crawford Bayley and Co., Advocate for the
Digitally
signed by
Applicant / Defendant no.2 in COMAS/81/2021.
ARTI
ARTI VILAS
VILAS KHATATE
KHATATE Date:
2025.07.25
19:11:12
+0530
CORAM : ABHAY AHUJA, J.
DATE : 25th JULY 2025
P.C. :
1. Mr.Dhruva Gandhi, learned Counsel for the Applicant / Defendant no.2, has concluded his arguments in support of the application, so also Mr.Ajai Fernandes, learned Counsel for the Plaintiff has almost concluded his arguments in opposition.
avk 1/2 ::: Uploaded on - 25/07/2025 ::: Downloaded on - 02/08/2025 08:39:31 :::16-IA-1489-2025.doc
2. However, Mr.Fernandes seeks to consider placing on record a note with respect to interpretation of proviso to Rule 10 of Order VIII of the Code of Civil Procedure, 1908 ("CPC") and its applicability to Rule 9 of Order VIII of the CPC as applicable to commercial disputes.
3. At his request, list on 1st August 2025.
(ABHAY AHUJA, J.) avk 2/2 ::: Uploaded on - 25/07/2025 ::: Downloaded on - 02/08/2025 08:39:31 :::