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2018 Supreme(Guj) 678

M.R.SHAH, A.Y.KOGJE
Van Oil Petroleum Limited – Appellant
Versus
Mv. Denali (Imo No 9438016) (Ex Name Mv. Marie Paule) – Respondent


Advocates Appeared:
A.S Vakil, Kamal B. Trivedi, Mihir Thakore, Paurami B. Sheth, Advocates.

JUDGMENT & ORDER :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned order passed by the learned Commercial Division Judge, High Court, dated 03.05.2018, passed in Civil Application (OJ) No.1/2018 in Admiralty Suit No.12/2018, by which the learned Judge has allowed the said application and has rejected the Plaint under order VII Rule 11(d) of the Code of Civil Procedure, 1908 ("the CPC" for short), the original plaintiff has preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under:

2.1 That the appellant original plaintiff (hereinafter referred to as "the original plaintiff") had instituted Admiralty Suit No.12/2018 before this Court for the following reliefs:

"a. That this Hon'ble Court be pleased to pass an order and decree in favour of the Plaintiff and against the Defendant Vessel MV DENALI (IMP No:9438016) (ex-name MV Marie Paule) and/or her master and/or her owners and/or managers and/or operators and/or all persons interested in her in the sum of principal amount of USD 975, 600 and annual interest of 5% from due da










































































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