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1992 Supreme(Bom) 359

V.V.KAMAT, M.L.PENDSE
CNA Peejay Exports Pvt. Ltd. . – Appellant
Versus
M. V. Nikolay Maksinov and others – Respondent


JUDGMENT- M.L. PENDSE, J.:-This is an appeal preferred by original plaintiffs to challenge judgment dated February 5, 1990 delivered by learned Single Judge in Admiralty Suit No.8 of 1980. By the impugned judgment the learned Judge held that the Admiralty Court had no jurisdiction to entertain and try the suit and thereupon the plaint was returned for presentation to the proper Court, that is this Court under its Ordinary Original Civil Jurisdiction. The facts which gave rise to filing of the suit are as follows.

2. The appellants-plaintiffs are private limited company incorporated under the Companies Act and inter alia carry on business of import and export. Respondent No.1 is a vessel flying U.S.S.R. Flag and respondent No.3 are the owners of the said vessel. Respondent No.2 are the general agents in Bombay and elsewhere in India in respect of respondent No.1 vessel as well as other vessels belonging to respondent No.3. Respondent 2 as the general agents of respondent No.3 are responsible for all matters concerning respondent No.1 vessel.

The plaintiffs had imported 1360 bags of High Density Polythene Moulding Powder in three containers from M/s George Woollock Allan, United Stat















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