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2022 Supreme(SC) 955

INDIRA BANERJEE, A. S. BOPANNA
Owners and Parties Interested In the Vessel M. V. Polaris Galaxy – Appellant
Versus
Banque Cantonale De Geneve – Respondent


Advocates appeared:
For the Appellant : Mr. Arvind Kumar Gupta, AOR
For the Respondent: Mr. Aditya Verma, AOR

JUDGMENT :

Indira Banerjee, J.

Leave granted.

2. These appeals are against a judgment and order dated 28th October 2021 passed by the Commercial Appellate Division of the High Court of Judicature at Madras allowing Commercial Appeal being O.S.A (CAD) No.88 of 2021 filed by the Respondent, and setting aside an order dated 24th September 2021 passed by the Commercial Division (Single Bench) of the High Court, adding Gulf Petroleum FZC as defendant in the Admiralty Suit filed by the Respondent, Banque Nationale De Geneve being CS (Commercial Division) No.96 of 2021.

3. The Appellant, M/s Galaxy Marine Services Limited is the registered owner of the Vessel, M. V. Polaris Galaxy, a sea-going oil tanker, flying the flag of Liberia, which is hereinafter referred to as, “the Vessel”.

4. M/s Polaris Marine Services, acting as Commercial Managers of M/s Galaxy Marine Services, entered into a charterparty agreement with Profitable Wealth Inc., a company registered in the British Virgin Islands and operated by Wirana Shipping Corporation Private Limited, a well-known maritime company based in Singapore, for charter of the vessel to Profitable Wealth Inc. Profitable Wealth Inc. in turn sub-chartered


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