Disposed¶25

Monirul Kaji v. The Sale Proceed of Mv Brahmaputra Dolphin

Bombay HC22 Aug 2025IA/3823/2025

Case brief

AI extract

What is this about?

Admiralty; crew wage claims; sale proceed of MV Brahmaputra Dolphin; Commissioner's verification report; Bureau of Immigration sign-off letters; Bureau of Immigration certificate; passports; continuous discharge certificates; Seaman's book; wage statements; Powers of Attorney; affidavits explaining variance; costs of Commissioner; Bombay High Court Admiralty Commercial Division; Abhay Ahuja, J.; Interim Application No. 3823 of 2025; Commercial Admiralty Suit No. 80 of 2021; Monirul Kaji; 10 October 2025.

What did the court decide?

Directions issued: affidavits explaining the variance from the earlier order and the Commissioner's observations to be filed within four weeks; matter listed on 28 November 2025, on which date the Court will also quantify the learned Commissioner's costs. ¶25

Monirul Kaji vs The Sale Proceed of Mv Brahmaputra Dolphin — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Applicants/Plaintiffs must explain by affidavit the variance between the Court's earlier direction to file original documents and the observations in the Commissioner's report (non-production of Plaintiff no.6's original Bureau of Immigration certificate; passports and continuous discharge certificates filed only as photocopies). +1 more

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Court's answer

Appropriate affidavits explaining the variance from the Court's earlier order and the observations of the learned Commissioner are to be filed in this Court within a period of four weeks.

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Ratio / Principle

The costs of the learned Commissioner will be quantified by the Court on the next date of listing (fixed as 28 November 2025).

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Detailed headnote1 paragraphs

Bombay High Court (Admiralty and Vice-Admiralty Jurisdiction, Commercial Division), Abhay Ahuja, J., 10 October 2025, in Interim Application No. 3823 of 2025 in Commercial Admiralty Suit No. 80 of 2021 (Monirul Kaji and Others v. The Sale Proceed of MV Brahmaputra Dolphin and Another). Considering the report of the Commissioner appointed by the Court vide order dated 2 May 2025, the Court noted that, except for one observation that the original Bureau of Immigration certificate of Plaintiff no.6 was not produced, the Commissioner verified the original agreements/contracts, original Bureau of Immigration letters and Powers of Attorney; however, although the Court had directed filing of original documents (including passports and continuous discharge certificates) with the crew members' claims, only photocopies of the passports and continuous discharge certificates were submitted. The Applicants/Plaintiffs were directed to file appropriate affidavits explaining the variance from the order and the Commissioner's observations within four weeks. None appeared for the Respondents. Matter listed on 28 November 2025, on which date the Court will also quantify the costs of the learned Commissioner.

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37-IA-3823-2025.doc

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

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INTERIM APPLICATION NO. 3823 OF 2025 IN

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COMMERCIAL ADMIRALTY SUIT NO. 80 OF 2021

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MONIRUL KAJI AND OTHERS )… APPLICANTS

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IN THE MATTER BETWEEN

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MONIRUL KAJI AND OTHERS )… PLAINTIFFS

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V/s.

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THE SALE PROCEED OF MV BRAHMAPUTRA ) DOLPHIN AND ANOTHER )… RESPONDENTS

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Mr.Shubro dey i/by Mr.Sotapa Saha, Advocate for the Applicants/ Plaintiffs.

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None for the Respondents.

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CORAM : ABHAY AHUJA, J. DATE : 10 OCTOBER 2025

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P.C. :

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When the matter is called out, Mr.Shubro Dey, learned Counsel, appears for the Interim Applicants / Plaintiffs and submits that he has had an opportunity to consider the report submitted by the Commissioner appointed by this Court vide order dated 2^nd May 2025.

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That, except one observation with respect to the Interim Applicant /

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Plaintiff no.6 that original Bureau of Immigration certificate is not

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ARTI VILAS KHATATE

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produced, the Commissioner has verified the original

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avk 1/2

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Digitally signed by ARTI VILAS KHATATE Date: 2025.10.11 13:52:23 +0530

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37-IA-3823-2025.doc

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agreements/contracts, original Bureau of Immigration letters and Powers of Attorney.

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It is also observed that although this Court had directed the filing of original agreements / contracts, passports, continuous discharge certificates, Seaman’s book and wage statements in respect of crew members with their claims in the Suit, Bureau of Immigration letters evidencing sign off, Powers of Attorney, the report mentions that as far as the passports and continuous discharge certificates are concerned, only photocopies have been submitted.

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Let appropriate Affidavits in this regard explaining the variance from the order and that observed by the learned Commissioner be filed in this Court within a period of four weeks.

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4. List on 28^th November 2025 .

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On the next date this Court will also quantify the costs of the

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learned Commissioner.

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avk 2/2

Monirul Kaji v. The Sale Proceed of Mv Brahmaputra Dolphin

Case brief

What is this about?

What did the court decide?

Monirul Kaji v. The Sale Proceed of Mv Brahmaputra Dolphin

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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