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2015 Supreme(Bom) 823

S.C.GUPTE
Khakhra Marine Transport – Appellant
Versus
M. V. Labitra Carmel – Respondent


Advocate Appeared:
For the Plaintiffs:Shyam Kapadia, I/b. Keshav Borhade, Advocates.
For the Defendants:D2, Fereshte Sethna, a/w. Yogesh Gandhi, Sonali Suryavanshi, Advocates.

Judgment

1. The Notice of Motion is for vacating the arrest of a ship. The Applicant is a third party purchaser, who has purchased the ship before its arrest for the maritime claim of the Plaintiff against the former owner of the ship. By consent of parties, on 26 December 2014, pending the hearing of this Motion, the arrest order was vacated, but the Applicant was restrained from disposing of, alienating, encumbering or creating third party rights in respect of the ship. That injunction has continued till today.

2. The accompanying Chamber Summons is the Plaintiff's application for joinder of the Applicant as a party defendant to the suit. The vessel under arrest now having been purportedly claimed to be owned by the Applicant, whose contract of purchase is assailed by the Plaintiff contending inter alia that the Applicant is merely an alter ego of Defendant No.3, the erstwhile owner of the vessel, it is necessary and in the interest of justice that the Applicant be joined as a party defendant to the present suit. Such joinder is necessary to determine the real controversy in the suit. The Chamber Summons is, accordingly, allowed in terms of prayer clauses (a) and (b). The amendment



















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