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1960 Supreme(Bom) 61

S.M.SHAH
Kamalakar Mahadev Bhagat – Appellant
Versus
Scindia Steam Navigation Co. Ltd – Respondent


Judgment -

1. This is an appeal against an order passed by the learned Principal Judge of the City Civil Court, Bombay, on 29th April, 1958 rejecting the plaint filed by the plaintiff appellant in suit No. 2957 of 1954 in the City Civil Court at Bombay, holding that the City Civil Court had no jurisdiction to entertain the suit.

2. The plaintiff-appellant is a fisherman and at the material time was the owner of a country craft ""Pandavi"". He filed the above suit against the defendant company as owners of a cargo boat ""Jalmanjari"" claiming a sum of Rs. 10,000/-as and by way of damages alleged to have been suffered by him on account of a collision at a distance of about 10 miles from Worli Sea Shore between the defendant companys said cargo boat ""Jalmanjari"" and the plaintiffs country craft ""Pandavi"", alleged to have occurred due to the negligence of the defendant company, its servants and agents on the said boat resulting in the breaking in two parts and sinking of the plaintiffs country craft.

3. The plaintiff alleged in the plaint that the defendant company was the employer of the Master and the crew o£ the said cargo boat ""Jalmanjari"", that on or about 11th January, 1954, h
































































































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