Case Note & Summary
The present matter concerns an interim application filed by the plaintiff, Raj Transport and Trading Company, in the pending Admiralty Suit No. 17 of 2015 before the High Court of Judicature at Bombay exercising admiralty and vice admiralty jurisdiction. The suit involved the plaintiff and two defendants, namely Barge Madhwa (Defendant No. 1) and another entity (Defendant No. 2), whose liquidator was represented by counsel. The interim application, numbered IAL 4027 of 2025, was moved under Order XII Rule 6 of the Code of Civil Procedure, 1908, which enables a party to seek judgment on admissions made in pleadings or otherwise. On 4 April 2025, when the matter was called out before Justice Abhay Ahuja, the plaintiff's counsel, Mr. Dhruva Gandhi, informed the court that an affidavit in reply on behalf of Defendant No. 2 had been filed on 25 March 2025. No further submissions, arguments, or orders were recorded. The court merely noted the filing of the reply affidavit. No decision on the interim application was rendered. The judgment does not contain any discussion of the factual matrix, legal issues, or reasons; it is limited to a procedural notation. Consequently, the substantive outcome of the application remains pending.
Headnote
A) Civil Procedure - Judgment on Admissions - Order XII Rule 6, Code of Civil Procedure, 1908 - Plaintiff filed interim application seeking judgment on admissions - Defendant No. 2 filed an affidavit in reply dated 25th March, 2025 - Court took note of the filing (Paras 1-3).
Issue of Consideration
Whether the plaintiff is entitled to judgment on admissions under Order XII Rule 6 of the Code of Civil Procedure, 1908.
