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2020 Supreme(Guj) 133

S.R.BRAHMBHATT, VIRESHKUMAR B.MAYANI
P. S. Marine (A Unit of Seaman Multi Trading Pvt. Ltd. ) – Appellant
Versus
M. V. Altus Exertus (IMO 7909463) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR. PRATHMESH KAMAT ADVOCATE WITH MS PAURAMIB
SHETH
For the Respondent:MR M.C.BHATT SENIOR ADVOCATE WITH MR YN RAVANI

JUDGMENT :

S.R.BRAHMBHATT, J.

1. Heard learned counsels appearing for the parties.

2. The present O.J. Appeal has been preferred by the appellant P.S. Marine (A Unit of Seaman Multi Trading Pvt. Ltd.) being aggrieved by the impugned order passed by the learned single Judge dated 18.02.2019 in O.J.C.A. No.1 of 2019 in Admiralty Suit No.53 of 2018, wherein the learned single Judge by dismissing the same as not maintainable in admiralty jurisdiction before the Court, found that the defendant vessel could not be treated as sister vessel of M.V. Altus Uber and the plaintiff has failed to make out prima facie case for arrest of the defendant vessel and also found that since defendant vessel was not the sister vessel of M.V. Altus Uber, the arrest of the defendant vessel was not permissible under Section 5(2) of the Admiralty (Jurisdiction and Settlement of maritime Claims) Act 2017 ( the admiralty Act hereafter for sake of brevity) for the claim of the plaintiff against M.V. Altus Uber and consequently, the suit was not maintainable in admiralty jurisdiction of the Court. The learned

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