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2019 Supreme(Bom) 1709

PRADEEP NANDRAJOG, BHARATI DANGRE
Rainbow Ace Shipping S. A. Panama – Appellant
Versus
Lufeng Shipping Co. Ltd. – Respondent


Advocates Appeared:
For the Appellant :F.E. DeVitre, Senior Advocate with Nikhil Sakhardande, Aditya Krishnamurthy, Ruchir Goenka, Tripti Sharma i/by Bose & Mitra & Co., Advocates.
For the Respondent:Prashant Pratap, Senior Advocate with Kumar Abhishek Singh, Nishaan Shetty, Shubham Agrahari, Nishant Bhatia i/b Anoma Law Group LLP, Advocates.

JUDGMENT :

Bharati Dangre, J.

1. The appellant Rainbow Ace Shipping S.A. Panama, the Owners of Vessel M.V. Rainbow Ace is aggrieved by an order dated 21st March 2018 passed by the learned Single Judge on a Notice of Motion taken out by the appellant in an Admiralty Suit instituted by one Lufeng Shipping Co. Ltd.

2. In order to appreciate the contentions raised by the appellant it would be necessary for us to glean the necessary facts which resulted in the passing of the impugned order.

3. One Lufeng Shipping Company Ltd (Respondent in the Appeal) lodged a maritime claim by filing Admiralty Suit No.29 of 2013. The claim of the plaintiff in the said suit was based on an agreement entered into by the plaintiff as owners of vessel M.V.J. Tong with Whim Star Chartering Co. Ltd, Hong Kong (Defendant No.2) as charterers for the hire of the vessel for carriage of goods. The claim arises out of a voyage – charter party evidenced by a Fixture Note dated 6th April 2011. The claim was instituted for an amount of 1,68,658.07 US$ on an allegation that on account of the detention of its vessel at the port of loading, it had suffered damages and losses. In the said suit, Rainbow Ace Shipping S.A., Pan

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