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1998 Supreme(Bom) 471

S.RADHAKRISHNAN
Ocean Marine Mutual Insurance Association Ltd. . – Appellant
Versus
M. V. WONFU and others And Shivam Engineering Co. , (Bhavnagar) Pvt. Ltd. – Respondent


JDUGMENT - S. Radhakrishnan, J.:---Heard the learned Counsel for the plaintiff and the learned Counsel for the respondents. This Chamber Summons has been taken out by the plaintiffs to implead the respondents as party defendants to this suit. By this Chamber Summons the plaintiffs are seeking a direction that the respondents be ordered and directed to furnish in favour of the Prothonotary and Sr. Master, High Court, Bombay, a security in the sum of 142, 294.90 U.S. $, towards the satisfaction of the plaintiffs claim.

2.This suit has been filed by the plaintiffs, an Insurance Company which had insured the defendant-vessel viz. m.v. 'WONFU'. It appears that the defendant-vessel was covered by an insurance with the plaintiffs-company to avail of the cover of protection, indemnity, freight, demurrage etc. In this behalf the plaintiffs have raised debit notes against the defendants in the sum of 142, 294.90 U.S. $. The plaintiffs have also sent a demand notice to the defendants. Finally, when the plaintiffs came to know that the said vessel was lying at port Alang, they had approached this Court and obtained a warrant of arrest on 3rd April, 1998.

3.Perused the Bailiff's Report dated 4th











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