SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2016 Supreme(Guj) 728

ABHILASHA KUMARI
Hermes Marines Limited – Appellant
Versus
Capeshore Maritime Partners FZC – Respondent


Advocates Appeared:
For the Appellant :Mihir Thakore, Senior Advocate and A.S. Vakil, Advocate.
For the Respondents:Bharat T. Rao, Advocate.

JUDGMENT :

Abhilasha Kumari, J.

1. The present application has been preferred under Order 7 Rule 11(d) of the Code of Civil Procedure, 1908 ("the Code"), for the rejection of the plaint.

2. The applicant, Hermes Marines Limited, is a corporate entity incorporated under the laws of Marshall Island. It is the owner of the defendant Vessel M.V. Atlantis (IMO No. 8128078), which is a foreign ship flying the flag of Togo, Port of Registry, and is a bulk carrier. It is presently at the port and harbour of Alang West Coast at Alang, Bhavnagar, within the territorial waters of India and, thus, within the Admiralty jurisdiction of this Court.

3. Opponent No. 1/plaintiff - Capeshore Maritime Partners FZC (referred to as the plaintiff, for convenience), is a Company incorporated under the laws of the United Arab Emirates and is engaged in carrying on the business of the sale and purchase of vessels, including old vessels for the purpose of demolition, navigation and chartering.

4. The plaintiff instituted the above-mentioned Admiralty Suit, invoking the Admiralty jurisdiction of this Court praying, inter alia, for a decree for the possession of the defendant Vessel along with her hull, tackle, mac



































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top