
The Bombay High Court, under the Admiralty jurisdiction, considered an application for summary judgment filed by Cockette Marine Oil DMCC against OSV Beas Dolphin and associated vessels. The case centered on unpaid dues for bunker supplies made to three vessels, with the plaintiff seeking to enforce claims against the vessels and their beneficial owners. The court examined the maintainability of the suit in light of ongoing insolvency proceedings against one of the defendants, highlighting that the moratorium under Section 14 of the Insolvency and Bankruptcy Code (IBC) barred the plaintiff’s claims. The application for summary judgment was rejected, with the court affirming that claims against the insolvent entity could not proceed under the current legal framework.
Background of the Case:
Legal Proceedings:
Court's Analysis:
Conclusion:
Case Title: Cockette Marine Oil DMCC Versus OSV BEAS Dolphin (IMO 9413482) & Ors.
Citation: 2024 LawText (BOM) (8) 233
Case Number: INTERIM APPLICATION NO.2169 OF 2022 IN COMMERCIAL ADMIRALTY SUIT NO.47 OF 2021
Date of Decision: 2024-08-23