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1954 Supreme(Bom) 135

M.C.CHAGLA, SHAH
Pandyan Insurance – Appellant
Versus
K. J. Khambatta – Respondent


Advocates Appeared:
D.P. Sethna, K.A. Somjee, M.P. Amin, S.D. Vimadalal

JUDGMENT

Chagla, J.

[1] This is an application by the Pandyan Insurance. Company for a writ under article 227 to correct a decision given by the Chief Presidency Magistrate who is investigating into the loss of S. S. Janaki which took place on 13-3-1954. The order complained of is refusing the petitioners and 34 other insurance companies to be made parties to these proceedings. The facts briefly are that on 13-3-1954, S. S. Janaki sailed outward from Bombay 'laden with cargo, and the ship had hardly left the harbour when she took successive/lists first to starboard and then to port and suddenly capsized a few miles of Kanheri Island, becoming a total loss. The casualty consisted of seven lives including that of the master and the mate and one passenger and with the loss of all the cargo which was on board. The cargo was insured with the petitioner Insurance Company and also the other insurance companies, a list of which is annexed to the petition. The cargo was insured for a sum exceeding Rs. 12,38,000. Claims were submitted by the shippers and the consignees of this cargo and these claims have been paid by the insurance companies. Now, the Government has ordered under the provisio





































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