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1977 Supreme(Cal) 393

SABYASACHI MUKHARJEE
I. T. C. LIMITED – Appellant
Versus
M. M. P. LINES PVT. LTD. – Respondent


Advocates Appeared:
ANINDYA MITRA, B.R.GUPTA, DIPAK DEY, G.K.BISWAS, HIRAK MITRA, P.CHOWDHURY, P.GINWALLA, S.K.LAHRI, SHYAMA PODDAR

SABYASACHI MUKHARJI, J.

( 1 ) THIS is an application for amendment of the plaint. The suit in question was filed on 25th June, 1974. The Master's Summons for the application for amendment of the plaint was taken out on 25th June, 1977. The summons was made returnable on the 4th July, 1977 and on the 4th July, 1977 directions for affidavits were obtained from the Court. The suit is by the plaintiff, I. T. C. Ltd. against seven defendants. The main defendant, however, is the defendant No. 1 and the plaintiff alleged that the defendant No. 1, of which the defendants Nos. 2 and 3 are the Directors and guarantors, had borrowed some money and the plaintiff had agreed to lend and advance to the defendant No. 1 the said moneys on, inter alia, the terms that they would pledge two Trawlers to the plaintiff as security for repayment of the amounts advanced. Both the trawlers were insure with the National Insurance Company Ltd. being the defendant No. 5 herein. The material fact for the present purpose is that one of the Trawlers viz. Akashi Maru was lost on 15th Sept. 1973. It is alleged that on 30th Oct. 1973 the plaintiff wrote to the defendant No. 5 about the assignment of the policies of





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