The Bombay High Court has issued notice in a writ petition filed by Bhanderi Enterprise and granted ad-interim relief restraining the auction of an arrested vessel.
The petitioner expressed a specific apprehension that the “arrested vessel” may be put up for auction, thereby seriously prejudicing its rights. The Court took note of the fact that an order of arrest had already been passed by a learned Single Judge on 5 May. It was also recorded that the earlier process of auction could not proceed due to technical reasons, as submitted on behalf of the respondents.
Taking these aspects into consideration, the Bench of Justice Suman Shyam and Justice Advait M. Sethna made a clear observation restraining further steps towards the auction. The Court recorded that, “in view of the order of arrest issued by the learned Single Judge on 5th May 2026 in Commercial Admiralty Suit (L) No.16232 of 2026 and taking note of the submission, that the earlier process of auction could not be taken forward due to technical reasons, no auction of the vessel in our view, would be permissible at this stage.”
The Court further held that the petitioner had demonstrated a strong case warranting interim protection. Accordingly, the Court granted ad-interim relief by directing that “an order of injunction is issued in terms of prayer clause (g) to remain in force till the next date fixed in this case.”
In addition, the Court directed issuance of a court notice to the newly impleaded respondent and laid down timelines for completion of pleadings, granting four weeks to the respondents to file their reply and two weeks thereafter to the petitioner to file a rejoinder.
The matter has been directed to be listed on 10 August 2026 for further consideration.
