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1995 Supreme(Cal) 97

BIJITENDRA MOHAN MITRA
BAY VIEW SHIPPING CORPORATION – Appellant
Versus
SARANA TRADING CO. – Respondent


Advocates Appeared:
D.R.Parekh

B. M. MITRA, J.

( 1 ) THE present Revisional application is directed against an order passed by the learned District Judge at Port Blair dated 12th October, 1994 in Misc. Appeal No. 1 of 1994 reversing the Judgment and Order No. 11 dated 13th April, 1994 passed by the learned Senior Sub-Judge at Port Blair in O. S. No. 6 of 1994. The connected suit is for declaration, injunction, recovery of general average claim damages and compensation valued at U. S. $ 25,30,413. 00 equivalent to Rs. 7,64,18,472. 60p. (RUPEES SEVEN CRORES SIXTY FOUR LAKHS EIGHTEEN THOUSAND FOUR HUNDRED SEVENTY TWO AND PAISE SIXTY ONLY ). The said suit was filed on 7. 3. 1994 along with a petition for injunction and by an order dated 7. 3. 1994 the Trial Court passed an ad-interim order directing the defendant to remove cargo from the vessel M. V. Arti after furnishing sufficient Bank guarantee/security bond with security for the full amount within fifteen days from the date of service of the notice. Pursuant to the said order of ad-interim injunction the defendant appeared on 18. 3. 1994 and one K. Harish claiming himself to be constituted Attorney of the defendant had filed four petitions as follows : (1)petit






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