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1997 Supreme(Bom) 686

V.P.TIPNIS, RANJANA DESAI
m. v. Mariner IV, a Foreign Flag Vessel and another – Appellant
Versus
Videsh Sanchar Nigam Ltd – Respondent


JUDGMENT

V.P. TIPNIS, J.:---This appeal by the original defendants impugns the order dated 27th February, 1997, passed by the learned Judge in Notice of Motion No. 285 of 1997 in Admiralty Suit No. 113 of 1996. The notice of motion was moved by the defendants inter alia for a relief that the order of arrest of the first defendant vessel be vacated and the plaintiffs be directed to pay costs by way of damages at the rate of U.S. $ 5,000/- per day.

2.The plaintiffs Videsh Sanchar Nigam Ltd. filed an Admiralty Suit No. 113 of 1996 against (1) m.v. Mariner IV a foreign vessel, and (2) Al-Fatah Shipping Co. incorporated under the laws of U.A.E. for recovery of U.S. $ 77,21,133.583 together with interest by way of damages for the loss suffered by the plaintiffs due to the damage caused to the plaintiffs property by the vessel m.v. Mariner II. The plaintiffs alleged that they have two under water submarine optical fibre telecommunication cables laid by them (i) stretching from Singapore to Marseille (France) and branching at Bombay (known as SEA-ME-WE-2) and (ii) stretching from Bombay to Fijurah (U.A.E.) (known as India-U.A.E.). The said cables are sheathed in extremely strong tensels armo



















































































































































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