Board Of Trustees Of Port Mumbai vs Barge Madhwa

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(Bom) 586

K.R.SHRIRAM
Board Of Trustees Of Port Mumbai – Appellant
Versus
Barge Madhwa – Respondent

Advocates Appeared:
Prashant Pratap, Advocate, Nishaan Shetty, Advocate, V.K. Ramabhadran, Advocate, Abhinav Chandrachud, Advocate, Saurish Shetye, Advocate, Shailendra A Singh, Advocate, Rahul Narichania, Advocate, Pratiksha Avhad, Advocate, Mulla And Mulla, Advocate, Craigie Blunt And Caroe, Advocate, Sharan Jagtiani, Advocate, Surabhi Agrawal, Advocate, Prasad Shenoy, Advocate, Prashant Ashar, Advocate, Naishadh Bhatia, Advocate, Bulbul Singh-Rajpurohit, Advocate, Niraf Shroff, Advocate, Crawford Bayley And Co, Advocate, Prathamesh Kamat, Advocate, Ajai Fernandes, Advocate, Sneha B Pandey, Advocate, Ashwini Sinha, Advocate, Harsh G Pratap, Advocate, S. Priya, Advocate, Aparna Sinha, Advocate, Kunal Naik, Advocate, Ashwin Shanker, Advocate, Bimal Rajasekhar, Advocate, Shrey Sancheti, Advocate, Theba And Associates, Advocate, Kundanlal Patil, Advocate, Vyas And Bhalwal, Advocate, Osama Butt, Advocate, Ganesh And Co, Advocate, R.P. Shirole, Advocate, Kunjita Shah, Advocate, Khare Legal Chambers, Advocate, Shrikant Hathi, Advocate, Pritish Das, Advocate, Brus Chambers, Advocate, Aneesa Cheema, Advocate, Charles De Souza, Advocate, Lakshmi Bussa, Advocate, M.V. Kini And Co, Advocate, Mahendhar Aithe, Advocate

JUDGMENT

K R Shriram, J. - 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 SCCOnlineMadras 13 , no leave under S. 446 was required to be obtained. A

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2020 Supreme(Bom) 586

K.R.SHRIRAMBoard Of Trustees Of Port Mumbai – AppellantVersusBarge Madhwa – Respondent

Cases Referred (43)

K.R.SHRIRAM
Board Of Trustees Of Port Mumbai – Appellant
Versus
Barge Madhwa – Respondent