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2022 Supreme(Guj) 257

BHARGAV D.KARIA
Mitsui Osk Lines Ltd. – Appellant
Versus
Polestar Maritime Limited – Respondent


Advocates Appeared:
For the Appellant : P.M. Buch.
For the Respondents: Harsh V. Gajjar.

JUDGMENT :

Bhargav D. Karia, J.

1. Heard learned advocate Mr. P.M. Buch for the applicants and learned advocate Mr. Premal Nanavati for learned advocate Mr. Harsh Gajjar for the respondent through video conference.

2. By this application, the applicants-original defendant Nos. 1 to 4 have prayed to dismiss the suit for lack of jurisdiction of this Court to try and entertain the same. In the alternative, it is prayed for stay the proceedings of the suit till final disposal of this application.

3. Learned advocate Mr. Buch appearing for the applicants submitted that the Admiralty Suit filed by the opponent-original plaintiff is not maintainable before this Court as this Court has no jurisdiction to grant reliefs prayed by the plaintiff in the suit on the following grounds:

    (i) It is averred that there is no claim against defendant No. 1-vessel which is raised by the plaintiff as the plaintiff is secured by way of a letter of undertaking dated 17.12.2019 issued by defendant No. 4 against the claim in relation to defendant No. 1-vessel and therefore, there is no 'maritime claim' which is raised against defendant No. 1-vessel and therefore, this Court has no jurisdiction under the provisions

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