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2018 Supreme(Bom) 147

K.R.SHRIRAM
Rasesh Shipping Services – Appellant
Versus
R. V. Akademik Boris Petrov – Respondent


Advocates Appeared:
For the Plaintiff :Arnab Ghosh a/w. Manoj Khatri i/b Manoj R. Khatri, Advocates.
For the Respondent:V.K. Ramabhadran i/b Subra Karmakar, Advocates.

JUDGMENT :

1. These notices of motion are for identical reliefs in two separate suits and both suits have been tagged together because the plaintiff in both suits are sole proprietory concern of two brothers who are carrying on business together from the same premises and defendants are also common. The cause of action also is identical. The documents proposed to be introduced in evidence through these notices of motion are also common. The affidavits in support are also identical except that they are affirmed by two different persons, viz., Ashish Khialani in notice of motion No. 2269 of 2015 and Pratap Khialani in notice of motion No. 2268 of 2015. Therefore, I am considering the facts in notice of motion No.2269 of 2015 in Admiralty Suit No. 31 of 2015 and my findings will apply squarely to notice of motion No. 2268 of 2015 in Admiralty Suit No.11 of 2013 converted into Commercial Suit No. 31 of 2013 also.

2. The suit has been filed on the basis that plaintiff was a ship chandler and supplied various goods/necessaries and rendered services to 1st defendant vessel and there are amounts still unpaid.

3. After the issues were settled on 14th March 2014, plaintiff filed evidence of the


































































































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