In a recent decision, Judge Abhay Ahuja allowed changes to be made in a case involving the Board of Mumbai Port Authority and the ship DSV Gerimal. This case is about getting back money owed for using the port, guiding ships, and parking charges.
The Mumbai Port Authority filed a lawsuit against DSV Gerimal to get back different fees. The Port Authority claimed that these required payments should have been made without having to go to court. They had already sent bills according to the official price list.
The main issue was whether the Port Authority could change their original complaint to include new documents (Exhibits H-11 to H-14). These documents were about the price list after 2012, which were not included when the lawsuit was first filed.
Port Authority's Argument: Mr. Fernandes, representing the Port Authority, argued that the changes were needed to respond to the defendants' claims, which included old price lists. He referred to earlier court decisions to support his argument.
Defendants' Argument: Mr. Gandhi, for the defendants, opposed the changes, stating that the documents should have been included from the beginning as they were already with the Port Authority.
Judge Abhay Ahuja decided in favor of the Port Authority, allowing the changes. He noted that:
"The amendments be allowed... necessary for the Plaintiffs to establish their claim," said Judge Ahuja.
The Port Authority has two weeks to make the changes and provide the updated documents. This decision allows them to strengthen their case with the correct price list for the fees in question.
This ruling shows how courts can allow changes to make sure all important information is considered, especially when it affects the main issues being argued.
