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2006 Supreme(Guj) 657

ANANT S.DAVE
ANGSLEY INVESTMENT LTD. – Appellant
Versus
TURUS SHIPPING SERVICE – Respondent


Advocates Appeared: MIHIR JOSHI, Y.N.RAVANI

( 1 ) THIS application is filed by M/s. Angsley Investment Ltd. , the intervener and interested party in defendant vessel (MV Lima-I) with a prayer to decide the issue regarding maintainability of the suit on the ground that at the time when arrest order of (MV Lima-I) came to be passed by this Court on 16. 03. 2002 in O. J. M. C. A. No. 20 of 2002, it was harbored at port of Calcutta, which is within the territorial jurisdiction of the Hon ble High Court of Calcutta and not within the territory of the jurisdiction of the Hon ble High Court of Gujarat. It is also stated that even when the first order dated 16. 07. 2001 came to be passed in Admiralty Suit No. 16 of 2001 filed by the plaintiff, ownership of ships (MV Lima-I and II) of different persons and having different entity. Therefore, following prayers are made:-" (A) Your Lordships may be pleased to frame preliminary issue about territorial jurisdiction, and on the aspect that whether the ship LIMA-I and LIMA-II are sister ships and further be pleased to dismiss the suit on the aspect that this Hon ble Court lacks territorial jurisdiction in respect of ship M. V. Lima-I, (B) Pass such other and further order in the interest o



















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