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2013 Supreme(Cal) 634

BISWANATH SOMADDER
Porto Maina Maritime Sa – Appellant
Versus
Owners & Parties Interested in the Vessel M. V. Gati Majestic – Respondent


Advocates Appeared:
For the Plaintiff:Ratnanko Banerjee, Sotarup Banerjee, Subhojit Roy, Advocates, Soubhagya Sen, Senior Advocate.
For the Defendant:Tilok Bose, Senior Advocate, Asit Kumar De, Advocate.

Judgment :

Biswanath Somadder, J.

This Court had, suo motu, raised a preliminary issue with regard to exercise of its ‘Admiralty Jurisdiction’ in respect of the concerned vessel, which carries an Indian flag and is registered under the Indian laws. Plaintiff was directed to serve notice upon the defendant. After notice was issued, the defendant entered appearance.

It was submitted by the learned counsel for the plaintiff that the plaintiff has a cause of action against the defendant vessel, M.V. Gati Majestic (hereinafter referred to as ‘the vessel’) arising out of damages of collision. The act of collision had taken place at Haldia Docks between the vessel and the vessel owned by the plaintiff, i.e., M.V.Porto Maina. The claim is for damages to the vessel, M.V. Porto Maina for a sum of Rs.36,66,000/-. He submitted that an Admiralty Suit is maintainable in this Court against the Indian vessel for a claim on account of damages arising out of a case of collision against the defendant vessel. The learned counsel for the plaintiff has taken this Court through the provisions of the Colonial Courts of Admiralty Act, 1890, as well as the Colonial Courts of Admiralty (India) Act, 1891. He

































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