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1997 Supreme(Cal) 397

RANAJIT KUMAR MITRA
ALEXANDROS DRYRON S. A. – Appellant
Versus
OWNERS AND PARTIES INTERESTED IN THE VESSEL M. V. – Respondent


Advocates Appeared:
G.CHAKRABORTY, J.K.MITRA, S.SARKAR

RANAJIT KUMAR MITRA, J.

( 1 ) IN an action in rem, in an admiralty matter, it was of course open to a plaintiff to seek to recover its alleged dues in respect to one vessel by causing another vessel to be arrested which either belonged to the same owner or a beneficial owner or one having control and possession of the arrested vessel. If both the vessels were owned by the same person, it was unlikely that the matter would come before the Courts. When the plaintiffs however, sought to establish and rely on beneficial ownership, or control and possession of the arrested vessel, intricate questions of interpretation, erudite deliberations by the Courts, public common law, provisions contained in international conventions and indeed the facts and circumstances of the case would become necessary to be considered, to decide the contentions of the parties. The exercise no doubt would, and in the instant case did, necessitate counsels for the parties, to resist the temptation of going on a pleasure cruise on the vast, and I dare say, very interesting expanse of the laws of admiralty both Indian and foreign, and restrict themselves to clarify, distinguish and apply only those portions of th















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