JUDGMENT - D.K. DESHMUKH, J.:---This Notice of Motion has been taken out by the first defendant for rejection of the plaint, as the plaint does not disclose any cause of action against the first defendant or its owner.

2. The facts that are material and relevant for the purpose of deciding this Notice of Motion are, according to the averments in the plaint, the plaintiff is the partnership firm carrying on business in India. The first defendant is a foreign flag vessel flying the flag of Malaysia. It is further averred that on the basis of two communications dated 22nd July, 1999 and 29th July, 1999 addressed by one M/s. North End Oil (Asia) Pvt. Ltd., to the Plaintiffs, the plaintiffs were called upon to effect supply of 80 M.T. diesel oil/bunkers and 10 M.T. diesel oil/bunkers to the first defendant vessel. The port of delivery was specified as Mumbai and the delivery date was 23rd July as regards 80 M.T. diesel oil/bunkers and 29th to 30th July, 1999 as regards the 10 M.T. diesel oil/bunkers respectively. It is further averred on 24th July, 1999, while the vessel was at Bombay, in berth, 92.394 M.T. diesel oil/bunkers were supplied to the first defendant vessel on the basis of th

Click Here to Read the rest of this document