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1997 Supreme(Guj) 244

SHARAD D.DAVE
SHIPPING CORPORATION OF INDIA LIMITED – Appellant
Versus
MASTER OF M. V. "giurgeni" – Respondent


Advocates Appeared: AJAY MEHTA, C.ARYAMA SUNDARAM, PAULAMI B.SHETH, S.K.MUKHERJEE, V.K.RAMABHADRAN

S. D. DAVE, J.

( 1 ) PROCEEDINGS on hand call upon me to answer two Questions. They are :- (1) Whether the High Court of Gujarat, in exercise of its Admiralty Jurisdiction, has the POWER and/or JURISDICTION to order the arrest of a Sister Ship ? (2) Whether M. V. Giurgeni a Foreign Flag Vessel presently in the Port and harbour of Kandla (Gujarat) can be said to be the Sister Ship of M. V. Kalo, which admittedly is not in Coastal Waters of the State of Gujarat or the Territorial Waters of India ?

( 2 ) THESE Questions arise because of the filing of the Admiralty Suit, by the plaintiffs. The Shipping Corporation of India Limited, valued at Rs. 2,32,75,640- 00 and the presentation of a Civil Application for the arrest of M. V. Giurgeni, the orders of Arrest duly executed and the Notice of Motion taken out by the other side praying for the vacation of the said Orders for Want of Jurisdiction.

( 3 ) THE suit by the plaintiffs is an action in Rem for, or a suit in Damages. The damages are being claimed on the basis of a tort committed on the high seas. The case of the Plaintiffs-Corporation is that, their Vessel M. V. "vishva Yash" sailed from Mandvi on 2nd February 1997 at about 0330 hrs.



























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