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1955 Supreme(Cal) 60

BOSE
INDIAN NATIONAL STEAMSHIP CO. LTD. – Appellant
Versus
MAUX FAULBAUM – Respondent


Advocates Appeared:
B.DAS, D.R.DAS, S.Ghosh

BOSE, J.

( 1 ) THIS is an application by the Republic of Indonesia for an order granting the petitioner leave to take actual possession of and remove 51 reels of cable notwithstanding the appointment of a Receiver by this Court in respect thereof, (in the present suit in which this application is made) and in the alternative for an order vacating the order for the appointment of a Receiver and directing the Receiver to release the said goods, and to give delivery thereof, to the petitioner. The petitioner also seeks to be added as a defendant in the suit for the limited purpose of making and being heard on the present application.

( 2 ) THE case of the petitioner is that it is a sovereign independent State and the Indonesian Purchasing Commission which is a department of the Defence Ministry of the Government of Indonesia purchased 51 reels of cable from Alfred Lohse, Exporters, Hamburg, for the price of 94058 Deutsche Marks which is equivalent to Rs. 1,07,444/- approximately and shipped the said goods on board the vessel S. S. "shiva Ranjita" for carriage from Hamburg to Djakarta under a Bill of Lading dated 19-12-1952. The freight in respect of the goods was prepaid before the






























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