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2005 Supreme(Bom) 907

S.U.KAMDAR
Dallah Albaraka Investment Co. Ltd – Appellant
Versus
MT symphony 1 ex. MT arabian LADY – Respondent


Judgment

KAMDAR S. U. , J.

( 1 ) THE present suit has been filed by the plaintiffs inter alia for the relief of declaration that there is a due and payable a sum of US $ 7,806,188. 77 to the plaintiffs by a company known as Gulf Oil in accordance with the particulars of claim annexed as Exhibit "e" to the plaint. The plaintiffs have also sought a declaration that the Gulf Oil had failed and neglected and/ or refused to pay the said sum or any part thereof. A further declaration is sought that the repayment of the said sum is duly secured by a valid and subsisting mortgage of the defendant vessel in favour of the plaintiffs and that the plaintiffs are entitled to enforce and/or crystalize the said security of the defendant vessel mortgaged to them by the arrest, condemnation and sale. The plaintiffs have also sought a declaration that they are entitled to obtain possession of the said vessel and retain possession thereof. By prayer clauses (b) and (c) of the said suit the plaintiffs have sought a mandatory order of injunction for delivery and possession of the said vessel until the full mortgaged debt is repaid. There are various other reliefs which are sought for by the plaintiffs



























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