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2020 Supreme(Bom) 288

K.R.SHRIRAM
Raj Shipping Agencies – Appellant
Versus
Barge Madhwa – Respondent


Advocate Appeared:
Mr. Prashant Pratap, Senior Advocate - Amicus Curiae/Assisted by Mr. Nishaan Shetty.
Mr. V. K. Ramabhadran, Senior Advocate, Amicus Curiae.
Dr. Abhinav Chandrachud, Amicus Curiae assisted by Mr. Saurish Shetye and
Mr. Shailendra A. Singh.
Mr. Rahul Narichania, Senior Advocate a/w. Ms. Pratiksha Avhad i/b. Mulla and Mulla
and Craigie Blunt and Caroe for Plaintiff in ADMS/41/2015.
Mr. Sharan Jagtiani, Senior Advocate a/w. Ms. Surabhi Agrawal, Advocates for Official
Liquidator.
Mr. Prasad Shenoy a/w. Mr. Prashant Ashar, Mr. Naishadh Bhatia, Ms. Bulbul Singh-
Rajpurohit and Mr. Niraf Shroff i/b. Crawford Bayley and Co. for Plaintiff in
ADMS/6/2015, ADMS/1/2015, ADMS/17/2015, COMAS/284/2015, ADMS/1/2017 and
COMAS/121/2017.
Mr. Prathamesh Kamat, Advocate for Official Liquidator.
Mr. Ajai Fernandes a/w. Ms. Sneha B. Pandey for Applicant in CHS/66/2018 and for
Defendant No.3 in ADMS/18/2017.
Mr. Ashwini Sinha i/b. Mr. Harsh G. Pratap for Plaintiff in ADMS/11/2015.
Ms. S. Priya a/w. Ms. Aparna Sinha, Advocates for Official Liquidator.
Mr. Kunal Naik i/b. Mr. Ashwin Shanker for Plaintiff in ADMS/20/2015,
COMAS/73/2016 and ADMS/28/2017.
Mr. Kunal Naik i/b. Mr. Bimal Rajasekhar for Plaintiff in COMAS/142/2016.
Mr. Shrey Sancheti i/b. Theba and Associates for Plaintiff in COMAS/36/2018.
Mr. Kundanlal Patil i/b. Vyas and Bhalwal for Plaintiff in ADMS/18/2017.
Mr. Osama Butt i/b. Ganesh and Co. for Plaintiff in COMS/319/2016 and
COMAS/8/2019.
Mr. R. P. Shirole a/w. Ms. Kunjita Shah i/b. Khare Legal Chambers for Plaintiff in
ADMS/38/2018.
Dr. Shrikant Hathi a/w. Mr. Pritish Das i/b. Brus Chambers for Plaintiff in
ADMS/33/2017.
Ms. Aneesa Cheema i/b. Charles De Souza for Respondent (EXIM Bank) in
NMS/800/2018.
Ms. Lakshmi Bussa i/b. M. V. Kini and Co. for Defendant No. 9 in COMAS/36/2018.
Mr. Mahendhar Aithe, Company Prosecutor present.

JUDGMENT:

1. These Admiralty Suits were filed and Orders of Arrest obtained from this Court in all or most of the suits. By Orders dated 05 May 2017 this Court, however, was pleased to admit Company Petition No. 119 of 2015 as well as Company Petition No. 756 of 2014 against GOL Offshore Ltd., the owner of Defendant Vessels in Admiralty Suit No. 1 of 2017 and Commercial Admiralty Suit No. 121 of 2017. Further, by its Order dated 04 December 2017, this Court was pleased to order GOL Offshore Ltd. (Company in liquidation), be wound up.

2. On 09 March 2018, when Admiralty Suit No. 1 of 2017 was listed and taken up for directions/orders, the Official Liquidator of GOL Offshore Ltd. (Company in liquidation), through his assistant, objected to the Suit proceeding further without obtaining leave under S. 446 of the COMPANIES ACT , 1956 (hereinafter referred to as COMPANIES ACT ). In response to the objection, it was submitted on behalf of Plaintiff in Adm. Suit no. 1 of 2017 that in light of the decision in Shanmugam Rajashekhar V/s. Owners and parties interested in the vessel M.T. Pratibha Cauvery , 2018 SCC Online Madras 13, no leave under S. 446 was required to be obtained. As this woul

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