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1983 Supreme(Bom) 5

LENTIN
Dimitrios Paizis – Appellant
Versus
Motor Vessel Nicos – Respondent


Advocates:
S. Baptista with Aspi Chinoi, for Plaintiffs; D.C. Games and V.O. Meghani, for Defendants.

ORDER :- I am directed by the learned Chief Justice to try the preliminary issue of jurisdiction. That I hereby do. To that end, I briefly state the pertinent facts, recording at the outset Mr. Meghani's insistence that it be clarified that his clients, namely the 6th and 7th defendants, do not admit the plaintiffs' allegations in the pleadings. Neither party opted to lead any evidence.

2. The plaintiffs' case is as follows :-

(A) Plaintiffs 1, 2 and 3 are Greek Nationals and possessed the entire shareholding of the 2nd defendant-Company in respect of the 1st defendant vessel (referred to hereafter as "the Vessel") of which 22 shares are held by the 1st plaintiff, 39 shares by the 2nd plaintiff and 39 shares by the 3rd plaintiff, making an aggregate of 100 shares in respect of the Vessel. The Vessel is registered in Panama and belongs to the 2nd defendant which is a foreign company organised under Greek Law. The 3rd defendant was the President/Director of Defendant No. 2-Company till his demise, which learned counsel state took place prior to the filing of the suit. The 4th defendant who is the widow of the 3rd defendant, is the Director/Vice-President of the 2nd defendant-Company.












































































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