The Board of Mumbai Port Authority vs Sale Proceeds of the vessel Osv Ocean Explorer Imo 9303637 — Bombay HC (2025) — LawSathi Research

The Board of Mumbai Port Authority vs Sale Proceeds of the vessel Osv Ocean Explorer Imo 9303637 — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suit disposed of in terms of the Consent Terms (marked Exh. 'X'); ship owner M/s. Alam Maritime (M) SDN BHD impleaded as Defendant No. 2 with amendments carried out forthwith and re-verification dispensed with; refund of Court fees, if any, as per rules; Interim Application No. 1488 of 2025 disposed of as infructuous.

Issue for consideration

Whether the ship owner, M/s. Alam Maritime (M) SDN BHD, should be impleaded as Defendant No. 2 to the Suit by allowing Interim Application No. 4334 of 2025. +1 more

Court's answer

Interim Application No. 4334 of 2025 is allowed to the extent of impleading the ship owner, M/s. Alam Maritime (M) SDN BHD, as Defendant No. 2 to the Suit.

Ratio / Principle

Amendments to implement the impleadment are to be carried out forthwith and re-verification is dispensed with.

Key takeaways

The Consent Terms tendered across the bar are taken on record and marked 'X' for purposes of identification.ratio¶31
The Suit stands disposed of in terms of the Consent Terms.ratio¶33
In view of the disposal of the Suit, Interim Application No. 1488 of 2025 is disposed of as infructuous.ratio¶36

Detailed headnote1 paragraphs

Bombay High Court (Admiralty and Vice Admiralty Jurisdiction, Commercial Division), Coram: Abhay Ahuja, J., 19th September 2025 — Commercial Admiralty Suit No. 30 of 2024, The Board of Mumbai Port Authority v. OSV Ocean Explorer (IMO 9303637). Counsel for the Plaintiff and the ship owner tendered across the bar Consent Terms dated 19th September 2025 stating that the Suit had been worked out thereunder. Interim Application No. 4334 of 2025 was allowed to the extent of impleading the ship owner, M/s. Alam Maritime (M) SDN BHD, as Defendant No. 2, with amendments directed to be carried out forthwith and re-verification dispensed with; the agent was not added as a party since the ship owner was being made a party, with counsel concurring. The Consent Terms were taken on record and marked 'X', the Suit was disposed of in terms of the Consent Terms, refund of Court fees (if any) left to rules, and Interim Application No. 1488 of 2025 was disposed of as infructuous. No statute or precedent is cited and no monetary quantum is recorded in the document.

37-COMAS-30-2024.doc

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

COMMERCIAL ADMIRALTY SUIT NO. 30 OF 2024

THE BOARD OF MUMBAI PORT AUTHORITY )...PLAINTIFF

V/s.

OSV OCEAN EXPLORER IMO 9303637 )...DEFENDANT

WITH INTERIM APPLICATION NO. 4334 OF 2025

IN COMMERCIAL ADMIRALTY SUIT NO. 30 OF 2024 WITH INTERIM APPLICATION NO. 1488 OF 2025 IN

COMMERCIAL ADMIRALTY SUIT NO. 30 OF 2024

Ms.Khushboo Rupani a/w. Mr.Sharan Shetty i/by HSA Advocates, Advocate for the Plaintiff.

Ms.Anisha Balse i/by Mr.Prerak Choudhary, Advocate for the Proposed Defendant no.2.

Mr.Dhruva Gandhi a/w. Mr.Siddharth Manek, Mr.Heetkumar Vachhani i/by Crawford Bayley and Co., Advocate for the Defendant.

CORAM : ABHAY AHUJA, J. DATE : 19^th SEPTEMBER 2025

P.C. :

The learned Counsel appearing for the Plaintiff and the ship

owner tender across the bar Consent Terms dated 19^th September 2025

submitting that the Suit has been worked out in terms of the said

ARTI VILAS KHATATE

Digitally signed by ARTI VILAS KHATATE Date: 2025.09.19 15:10:57 +0530

Consent Terms and that the said Consent Terms be taken on record.

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37-COMAS-30-2024.doc

Ms.Khushboo Rupani, learned Counsel, appearing for the Plaintiff, however, points out that the ship owner – Defendant no.2 is not a party to the Suit and that the Interim Application No.4334 of 2025 seeks to bring the ship owner as party Defendant no.2 to the Suit. Ms.Rupani submits that once the Interim Application is allowed and amendments carried out, the Consent Terms be taken on record.

Mr.Dhruva Gandhi, learned Counsel, appearing for the Vessel and the ship owner has no objection if the ship owner is added as Defendant no.2 to the Suit.

Ms.Anisha Balse, learned Counsel, appearing for the agent also has no objection if the agent is added as a party to the Suit.

Mr.Gandhi submits that since the ship owner would be made a party, it would not be necessary to make the agent a party to the Suit. Ms.Rupani for the Plaintiff agrees with the same.

Accordingly, Interim Application No.4334 of 2025 is allowed to the extent of impleading the ship owner viz. M/s.Alam Maritime (M) SDN BHD as Defendant no. 2 to the Suit. Let amendments be carried out forthwith. Re-verification is dispensed with.

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37-COMAS-30-2024.doc

The Interim Application, accordingly, stands allowed and disposed as above.

The Consent Terms are taken on record and marked “X” for the

purposes of identification.

The Suit stands disposed in terms of the Consent Terms.

Refund of Court fees, if any, as per rules.

The learned Counsel submit that in view of the disposal of the Suit, Interim Application No.1488 of 2025 would be rendered infructuous.

Interim Application No.1488 of 2025, accordingly, stands disposed as infructuous.

(ABHAY AHUJA, J.)

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