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2002 Supreme(Guj) 891

D.H.WAGHELA, K.R.VYAS
JAISU SHIPPING CORPORATION PRIVATE LIMITED – Appellant
Versus
M. V. ASEAN JADE – Respondent


Advocates Appeared: A.G.VYAS, A.S.VAKIL, D.D.Vyas

K. R. VYAS, J.

( 1 ) THIS appeal is preferred from the judgment and order dated 27. 2. 2002 of the learned single Judge in Miscellaneous Civil Application No. 33 of 2002 in Admiralty Suit No. 10 of 2000, whereby, the application of the respondent herein was allowed and the appellant herein (the original plaintiff) was ordered to pay Rs. 2,70,000. 00 per day for detention of the vessel for eight days. By consent and at the request of the learned counsel, the appeal was taken up for final hearing at the admission stage. The appellant also filed an appeal from the earlier order dated 30. 6. 2000 vacating the order of the vessels arrest in which the reasons were to be given afterwards. It was stated at the Bar that the impugned judgment containing the reasons and final order being challenged in this appeal on all the available grounds, that former appeal lying in the Registry under office-objections since August 2000 as Letters Patent Appeal (Stamp) No. 1369 of 2000 as also O. J. Appeal (Stamp) No. 1369 of 2000 would not survive and shall no more be required to be registered.

( 2 ) IT must be noted at the outset that the original Admiralty Suit No. 10 of 2000 is pending and the opponent















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