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2022 Supreme(SC) 960

INDIRA BANERJEE, J. K. MAHESHWARI
NKD Maritime Limited – Appellant
Versus
Board of Trustees of the Port of Mumbai – Respondent


Advocates appeared:
For the Appellant : Mr. Siddharth Bhatnagar, Sr. Adv. Mr. Akash Kakde, Adv. Mr. Prathamesh Kamat, Adv. Mr. Vikrant Shetty, Adv. Mr. Gurdeep Singh Sachar, Adv. Mr. Somanatha Padhan, AOR Mr. Ashok Anand, Adv. Mr. Rakeysh Kumar Singh, Adv. Mr. Swetab Kumar, Adv. Ms. Sukhada Kakade, Adv.
For the Respondent: Mr. Jayant Bhushan, Sr;. Adv. Mr. A. V. Rangam, AOR Mr. Buddy A. Ranganadhan, Adv. Ms. Nandini Tomar, Adv.

JUDGMENT :

INDIRA BANERJEE, J.

1. Leave granted.

2. This appeal is against a judgment and order dated 12th February 2021 passed by the Commercial Appeal Division of the Bombay High Court (Division Bench) allowing Commercial Appeal (L) No. 1557 of 2021 filed by the Respondent No. 1, hereinafter referred to as the “Port Trust” and setting aside an interim order dated 6th January 2021 passed by the Commercial Division (Single Bench) of the same High Court disposing of Interim Application No. 6531 of 2020 filed by the Appellant M/s NKD Maritime Limited, hereinafter referred to as “NKD.”

3. The Vessel M.V. Karnika, hereinafter referred to as the “Vessel” was owned by Jalesh Cruises Mauritius Limited, hereinafter referred to as “Jalesh” and had been sailing under the flag of the Bahamas.

4. At the request of Jalesh, Glander International Bunkering DMCC, hereinafter referred to as “Glander” had supplied bunkers to the Vessel. The charges for the bunkers supplied by Glander to the Vessel were not paid.

5. On 24th September, 2020, Glander filed an Admiralty Suit being Commercial Admiralty (L) Suit No. 3579 of 2020 against the owners and parties interested in the Vessel for recovery of USD $2,213,


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