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

2011 Supreme(Bom) 318

K.K.TATED, D.K.DESHMUKH
MV. x. press annapurana – Appellant
Versus
Gitanjali Woolens – Respondent


Advocates Appeared:
For the Appellant:Rahul Narichania with Kunal Shah i/b Bhatt & Saldhana, Advocates.
For the Respondent:R2, Ranjit Dharmadhikari i/b Ratnakar Singh, R3, Robin Jaisinghani i/b IC Legal, R1, Pradip Sacheti with Ashwin Shankar i/b P.S. Gidwani, Advocates.

Judgment :-

D.K.DESHMUKH, J.

1. All these three Appeals challenge the same order passed by the learned single Judge of this Court. Therefore, all these Appeals can be conveniently disposed of by a common order.

2. Admiralty Suit No.27 of 1999 was filed in March, 1999 by Gitanjali Woollens Pvt.Ltd. (hereinafter referred to as the “Plaintiff”) claiming following reliefs:

(a) That the vessel “X-Press Annapurna” of the 1st Defendant be contemned in the sum of US $ 57,860.00 (United States Dollars Fifty Seven Thousand Eight Hundred Sixty only) together with interest on the principal sum of US $ 51,374.10 at the rate of 18% p.a. and/0r at such other rate as this Hon’ble Court may deem fit and for a further sum of US $ 50,000.00 towards damages as per particulars of claim at Exhibit `F’ to the Plaint;

(b) That this Hon’ble Court be pleased to grant Leave under Order II Rule 2 of the Code of Civil Procedure, 1980;

(c) That this Hon’ble Court be pleased to grant an order that the Plaintiff is entitled to exercise a maritime lien on the 1st Defendants vessel along with the Hull, Engines, gears, tackles, bankers, machinery apparel plant, furniture, appurtenances and paraphernalia for the purpo


















































































































































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