Seaknct Marine and Offshore Pvt. Ltd. vs Ambar Imo 9548770 — Bombay HC (2025) — LawSathi Research

Seaknct Marine and Offshore Pvt. Ltd. vs Ambar Imo 9548770 — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the Plaintiff has established a maritime claim under Section 4(1) of the Admiralty (Jurisdiction & Settlement of Maritime Claims) Act, 2017. +9 more

Ratio / Principle

Ten issues ((i)–(x)) were framed by consent, on the basis of draft issues tendered across the bar by learned Counsel; the issues cover the Plaintiffs' maritime claim under S.4(1), action in rem and arrest of Defendants No.1 and 2 Vessels (including under S.5(1) and (2) for claims against the erstwhile bareboat charterer, Defendant No.3), proof of supply of materials, admission of liability and liability of Defendant No.3, a decree of USD 13,098.92 (≈ INR 10,87,210/-), interest @24% p.a., and consequential order and reliefs. None of the issues was answered at this stage.

Key takeaways

Direction to the Plaintiff: within a period of six weeks, to file (i) the evidence affidavit of its first witness, (ii) an affidavit of documents, and (iii) a compilation of documents duly indexed and paginated, with copies served on the Advocates for the Defendants on or before that date.ratio¶28
Direction to the Defendants: in addition, to file (i) an affidavit of documents and (ii) a compilation of documents duly indexed and paginated, with copies served on the advocates for the Plaintiff on or before that date.ratio¶31
Statements of admission and denial are to be exchanged within a period of two weeks thereafter.

Detailed headnote1 paragraphs

Bombay High Court, Commercial Division (Admiralty and Vice-Admiralty Jurisdiction) — Abhay Ahuja, J.; order dated 25 July 2025 in Commercial Admiralty Suit No. 35 of 2024, Seak’nct Marine and Offshore Pvt. Ltd. v. Ambar IMO 9548770 and others (interlocutory case-management order). Draft issues tendered across the bar by counsel were framed by consent — ten issues covering: establishment of a maritime claim under S.4(1) of the Admiralty (Jurisdiction & Settlement of Maritime Claims) Act, 2017; 'action in rem' against, and entitlement to arrest of, Defendants No.1 and 2 Vessels as security; arrest of those Vessels under S.5(1) and (2) of the said Act for claims against the erstwhile bareboat charterer (Defendant No.3); delivery/supply of materials to Defendant No.3; its admission of liability and liability for the claim; entitlement to a decree of USD 13,098.92 (USD 11,461.67 principal + USD 1,637.67 interest @ 24% p.a.) equivalent to INR 10,87,210/- or any part thereof; entitlement to interest @24% p.a.; and consequential order and reliefs. Directions issued: Plaintiff to file evidence affidavit of first witness, affidavit of documents and indexed/paginated compilation within six weeks; Defendants to file affidavit of documents and indexed/paginated compilation; statements of admission and denial to be exchanged within two weeks thereafter; case management hearing listed on 19 September 2025. No issue answered; no merits adjudicated; no dissenting opinion.

1-COMAS-35-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by KANCHAN KANCHAN PRASHANT PRASHANT DHURI DHURI Date: 2025.07.25 18:19:24 +0530

ADMIRALTY AND VICE ADMIRALTY JURISDICTION

IN ITS COMMERCIAL DIVISION

COMMERCIAL ADMIRALTY SUIT NO. 35 OF 2024

Seak’nct Marine and Offshore Pvt. Ltd. … Plaintiff

Versus

Ambar IMO 9548770 and others … Defendants

Mr. Ramprakash Pandey alongwith Mr. Udhaybhan Tiwari, Advocate for the Plaintiff.

Ms. Isha Sawant instructed by Mr. Ashwin Shanker, Advocate for the Defendant No.3.

CORAM : ABHAY AHUJA, J. DATE : 25 JULY 2025

P.C. :

Learned Counsel appearing in the matter have tendered

across the bar draft issues.

Accordingly, by consent, the following issues are framed : (i) Whether the Plaintiff has established a maritime claim under Section 4(1) of the Admiralty (Jurisdiction & Settlement of Maritime Claims) Act, 2017 ?

(ii) Whether the Plaintiff has established an ‘action in rem’ against and is entitled to the arrest both Defendants No.1 and 2 Vessels as security for its claim ?

Kanchan Dhuri 1/3

1-COMAS-35-2024.doc

(iii) Whether the Plaintiff is entitled to the arrest of Defendants No.1 and 2 Vessels under Section 5(1) and (2) of the Admiralty (Jurisdiction & Settlement of Maritime Claims) Act, 2017 for claims against the erstwhile bareboat charterer i.e., Defendant No.3 ?

(iv) Whether the Plaintiff has proved delivery/ supply of materials to the Defendant No.3 ?

(v) Whether the Plaintiff proves any admission of liability on part of Defendant No.3 ?

(vi) Whether the Plaintiff proves that Defendant No.3 is liable for the claim ?

(vii) Whether the Plaintiff proves that it is entitled to a decree in the sum of USD 13,098.92 (USD 11,461.67 being the principal amount + USD 1,637.67 being interest @ 24% p.a.) equivalent to INR 10,87,210/- (or any part thereof) ?

(viii) Whether the Plaintiff is entitled to interest @24% p.a. ?

(ix) What order ?

(x) What reliefs ?

Let the Plaintiff, within a period of six weeks, file (i) the evidence affidavit of its first witness; (ii) an affidavit of documents; and (iii) a compilation of documents duly indexed and paginated. Copies of each of these will be served on the Advocates for the Defendants on or before that date.

Kanchan Dhuri 2/3

1-COMAS-35-2024.doc

In addition the Defendants will also file (i) affidavit of documents; and (ii) a compilation of documents duly indexed and paginated. Copies of each of these will be served on the advocates for the Plaintiff on or before that date.

Statements of admission and denial are to be exchanged within a period of two weeks thereafter.

List on 19^th September 2025 for case management hearing.

(ABHAY AHUJA, J.)

Kanchan Dhuri 3/3