SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2001 Supreme(Bom) 1071

R.M.LODHA, NISHITA MHATRE
m. v. Sea Success I – Appellant
Versus
Liverpool and London Steamship Protection and Indemnity Association Ltd. & another – Respondent


Judgment

R.M. LODHA, J.:---The learned Single Judge while dismissing Notice of Motion No. 2455/2000 with regard to prayer (a) taken out by the Vessel m.v. "Sea Success I" and her owners S.S. Shipping Corporation Inc. in Admiralty Suit No. 32/2000 has referred to the Division Bench the following question for its decision:

"Whether a claim for unpaid insurance premia in respect of a ship amounts to "necessary supplies" within the meaning of section 5 of the Admiralty Courts Act, 1861 so as to constitute maritime claim?

2. The aforesaid question is also involved in Appeal No. 739/2000 arising out of Notice of Motion No. 1376/1998 in Admiralty Suit No. 30/1998 and, therefore, both the aforesaid appeals were heard together and are being disposed of by this common judgment. Besides the aforesaid question common to both appeals, there are distinct and separate issues involved which we shall deal with at an appropriate stage.

3. At the outset, we may observe that we afforded extensive hearing to the learned Counsel appearing in the matter not because it was so required but the research done and the labour put by the learned Counsel justified such indulgence.

4. As the aforesaid question has be




























































































































































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top