BOARD OF MUMBAI PORT AUTHORITY Vs. HALANI STAR

JUDGEMENT

(1.) Interim Application No.2648 of 2025 has been filed by the Defendant No.2 in the Suit seeking a Summary Judgment dismissing the Suit and/or rejecting the Plaint against the Defendant No.2 on the ground that the Defendant No.2 is an agent of a disclosed principal.

(2.) On the other hand, Interim Application No.4914 of 2025 has been filed by the Plaintiff seeking a Summary Judgment under Order XIII-A of the Code of Civil Procedure, 1908 ("the CPC") against the sale proceeds of the vessel Barge Madhwa.

(3.) Mr. Prathamesh Kamat, learned Counsel, appearing for the Applicant in Interim Application No.2648 of 2025 has submitted that the Applicant admittedly is an agent of a disclosed principal and draws this Court's attention to the cause title of the plaint as well as to the paragraphs 3, 4, 5 and 6 of the plaint. Mr. Kamat submits that this being the admitted position, in view of Sec. 230 of the Indian Contract Act, 1872 and the decision of the Hon'ble Supreme Court in the case of Marine Container Services South Pvt. Ltd. vs. Go Go Garments,(1998) 3 SCC 247. the decision of this Court in the case of Midland Overseas vs. M.V. "CMBT Tana" and others,1999 SCC OnLine Bom 460. and the decision of Calcutta High Court in the case of West Bengal Essential Commodities Supply Corporation Ltd. vs. Koren Foreign Transportation Corporation and another,2001 SCC OnLine Cal 177. the suit against the said Defendant be dismissed and/or the plaint be rejected and the application for Summary Judgment be allowed as the Plaintiff has no reasonable prospect of succeeding against the agent of a disposed principal.