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1999 Supreme(Bom) 286

D.G.DESHPANDE
Elinoil-Hellenic Petroleum Company S. A – Appellant
Versus
M. V. Anny L (Ex-Alexia S) & another – Respondent


JUDGMENT - DESHPANDE D.G., J.:---The plaintiffs company has filed this suit originally against M.V. Anny L for the sum of US Dollars 91,902.81 with interest, costs etc. According to the plaintiffs, their claim was in respect of supply of bunkers to the defendants vessel. It has been further stated in the plaint that the vessel M.V. Anny L was previously known as Alexia S. but from 20th December, 1995 the ownership of Alexia S was changed from the previous owners Navabet Shipping Limited to Sokena Shipping Limited who were subsequently joined as defendant No. 2 by way of amendment of the plaint.

2. In the written statement the defendants raised different objections to the claim of the plaintiffs. Similarly, objections regarding tenability of the suit were also raised, and therefore, consequently following issues were framed by the Court:-

ISSUES:-

1. Whether the plaintiffs prove that any request for supply of bunkers was received by them from the Master of the defendant vessel?

2. Whether the plaintiffs prove that they supplied bunkers to the defendant vessel?

3. Whether the plaintiffs prove that they are entitled to recover the price of any bunkers supplied to the defendant vessel by th
































































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