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1999 Supreme(Bom) 588

R.M.LODHA
SNP Shipping Services Pvt. Ltd. – Appellant
Versus
Kara Mara Shipping Co. Ltd. & others – Respondent


JUDGMENT - R.M. LODHA, J.:---I shall dispose of two notices of motion taken out by defendant No. 2 viz., World Tanker Carriers Corporation (W.T.C.C.) by this order. By means of Notice of Motion No. 2971 of 1998 it is prayed by W.T.C.C. that suit be dismissed. This prayer primarily is made under Order 7, Rule 11, Civil Procedure Code based on the ground that this Court has no jurisdiction. By another Notice of Motion No. 1637 of 1998, W.T.C.C. prays that the plaint be struck off as being unnecessary, scandalous, frivolous and vexatious and also being an abuse of process of the Court under Order 6, Rule 16 read with section 151 of the Code of Civil Procedure and for quashing as being contemptuous abuse of the process of the Court and malicious. In the alternative it is prayed that the plaintiffs-SNP Shipping Services (Pvt.) Ltd., (for short 'S.N.P.' Shipping') be directed to withdraw this suit.

2. S.N.P. Shipping are the plaintiffs in Admiralty Suit No. 58 of 1998 filed under the provisions of the Merchant Shipping Act, 1958 (Act of 1958) for constituting the limitation fund for limiting their liability against claims arising out of a collision between the vessels m.v. YA MAWLAYA w





















































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