Tabassum Hussain and 4 Ors. vs Mv Shubhprada (Imp No 9377626) — Bombay HC (2025) — LawSathi Research

Tabassum Hussain and 4 Ors. vs Mv Shubhprada (Imp No 9377626) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interlocutory directions only: the Court noted the service report dated 26th August, 2025 (items dispatched and in transit), directed the updated service report to be filed by the next date, directed the Registry to list Chamber Order (L) No. 372 of 2025 before the Prothonotary & Senior Master for appropriate orders, and listed the matter on 14th November, 2025. The Suit itself was not dismissed; the earlier warning of possible dismissal if none appeared for the Plaintiff remained subject to the returnable notice of 29th August, 2025.

Issue for consideration

Whether the Suit should be dismissed for the Plaintiffs' non-appearance and non-compliance with the earlier orders of 28th March, 27th June and 25th July, 2025 (question deferred by issuance of notice to the Plaintiff). +2 more

Ratio / Principle

A perusal of the proceedings indicates that the report dated 26th August, 2025 shows that the items have been dispatched and are in transit.

Key takeaways

The updated service report is to be filed by the next date.ratio¶¶35
The Registry is directed to list Chamber Order (L) No. 372 of 2025 before the Prothonotary & Senior Master for passing the appropriate orders after considering the said Chamber Order, and the matter is listed on 14th November, 2025.ratio¶¶38

Detailed headnote1 paragraphs

Bombay High Court, Admiralty and Vice Admiralty Jurisdiction (Abhay Ahuja, J.; 20th September, 2025) - Commercial Admiralty Suit No. 1 of 2025, Tabassum Hussian and Ors. v. MV Shubhaprada IMO 9377626, with Chamber Order (L) No. 372 of 2025. With none appearing for the Plaintiffs and the directions in the earlier orders of 28th March, 27th June and 25th July, 2025 (filing of compilations, discovery and inspection, case management hearings) uncomplied, the Court recorded that the report dated 26th August, 2025 showed the items dispatched and in transit, directed the updated service report to be filed by the next date, directed the Registry to list the Chamber Order (L) No. 372 of 2025 (filed for discharge) before the Prothonotary & Senior Master for passing appropriate orders, and listed the matter on 14th November, 2025. By the earlier order of 25th July, 2025, notice had been issued to the Plaintiff returnable on 29th August, 2025, with a clear warning that the Suit would be considered for dismissal if none appeared for the Plaintiff on the next date. Purely procedural/interlocutory order; no merits adjudicated, no statute or precedent cited.

COMAS 1-25 @ CHOL 372-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY AND VICE ADMIRALTY JURISDICTION

COMMERCIAL ADMIRALTY SUIT NO. 1 OF 2025

Tabassum Hussian and Ors. ...Plaintiffs V/s. MV Shubhaprada IMO 9377626 ...Defendant

...Defendant

WITH

CHAMBER ORDER (L) NO. 372 OF 2025

None for the Plaintiffs.

Mr. Siddharth Manek with Mr. Heetkumar Vachhani i/b Crawford Bayley and Co. for the Defendant.

CORAM : ABHAY AHUJA, J. DATE : 20^th SEPTEMBER, 2025

P.C. :

None for the Plaintiffs.

On 25^th July, 2025, the following order was passed:-

“1. Mr. Bijlani, learned Counsel appears for the Plaintiff and submits that the Chamber Order has been filed for discharge in the matter with the Prothonotary & Senior Master.

On 27^th June, 2025, the following order was passed:“1. None for the Plaintiffs.

On 28^th March, 2025, the following order was passed : “1. The learned Counsel appearing in the matter submit that since the written statement has already been filed, this Court may list the matter for case management hearing.

NIKITA YOGESH GADGIL Digitally signed by NIKITA YOGESH GADGIL Date: 2025.09.20 19:03:23 +0530

The Plaintiffs shall within a period of four weeks file (i) the evidence affidavit on behalf of the Plaintiffs along with list of Plaintiffs’ witnesses; (ii) an affidavit of documents and (iii) a compilation of documents duly indexed and paginated with a copy to the Advocate for the Defendant.

Thereafter, the Defendant shall within a period of four weeks

Nikita Gadgil 1/3

COMAS 1-25 @ CHOL 372-25.doc

file (i) an affidavit of documents and (iii) a compilation of documents duly indexed and paginated with a copy to the Advocate for the Plaintiffs.

Discovery and inspection is to be completed and statements of admission and denial are to be exchanged by 13^th June, 2025.

List for case management hearing on 27^th June, 2025. ”

Mr. Siddarth Manek, learned Counsel appearing for the Defendants points out that no compilation of documents has been filed on behalf of the Plaintiff.

As and by way of last chance, let the compilation of documents of the Plaintiff as well as the Defendants be filed and exchanged within a period of two weeks.

Let discovery and inspection be completed and statements of the admission and denial be exchanged in two weeks thereafter. 6. List for case management hearing on 25^th July, 2025.

It is made clear that no further extension of time will be granted and any such request will be met with costs.”

Obviously, since the Advocate for the Plaintiff is not receiving instructions, the aforesaid order has not been complied with.

Accordingly, issue notice to the Plaintiff, returnable on 29^th August, 2025.

It is made clear that if none appears for the Plaintiff on the next date, this Court will consider dismissing the Suit.

List on 29^th August, 2025. ”

A perusal of the proceedings indicates that the report dated 26^th

August, 2025, indicates that the items have been dispatched and are in transit.

Let the updated service report be filed by the next date.

Nikita Gadgil

COMAS 1-25 @ CHOL 372-25.doc

Registry to list the Chamber Order (L) No. 372 of 2025 before the Prothonotary & Senior Master for passing the appropriate orders after considering the said Chamber Order.

List on 14^th November, 2025.

(ABHAY AHUJA, J.)

Nikita Gadgil 3/3