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2018 Supreme(Bom) 693

K.R.SHRIRAM
Praxis Energy Agents SA – Appellant
Versus
M. T. Pratibha Neera – Respondent


Advocates Appeared:
For the Applicant : Mr. Bimal Rajasekhar i/b. Mr. Ashwin Shanker
For the Defendant : Mr. Prathamesh Kamat a/w. Ms. Sapana Rachure
Mr. Rahul Narichania, senior advocate, Mr. V.K. Ramabhadran, senior advocate and Mr. Prashant S. Pratap, senior advocate, Amicus Curiae present.

JUDGMENT :

1. This chamber summons is taken out by plaintiff seeking leave to amend the plaint as per the Schedule annexed thereto.

2. Plaintiff has filed this admiralty suit against defendant vessel – m.t. Pratibha Neera for enforcement of plaintiff's alleged maritime claim. Plaintiff seeks to implead, as defendants, the sister vessels of defendant vessel/other vessels of its beneficial owner and in the case where sister vessels have been sold, to implead the sale proceeds of those vessels as defendants. This, plaintiff is seeking because according to plaintiff, in the event plaintiff is unable to satisfy its claim as against defendant vessel m.t. Pratibha Neera, which according to plaintiff's information is heavily encumbered, plaintiff will be able to look for satisfaction of its maritime claim against any sister ship of defendant vessel and/or sale proceeds of sister vessels, as well as any other asset belonging to the owner, Pratibha Shipping Company Limited (in Liquidation). The proposed defendants are as under :

1. Sale proceeds of m.t. Pratibha Indrayani

2. Sale proceeds of m.t. Pratibha Tapi

3. Sale proceeds of m.t. Pratibha Bheema

4. m.t. Pratibha Koyna and/or its sale proceeds

































































































































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