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2020 Supreme(Mad) 2168

R.SUBBIAH, C.SARAVANAN
Unicorn Maritimes (India) Private Limited – Appellant
Versus
Valency International Trading Pvt. Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : B. Vijay for Eswar Kumar Rao
For the Respondent: L. Ravichander, Senior Counsel for Mayar Mundra and Naved Askari, Senior Counsel for B. Deepak Narayanan

JUDGMENT :

C. Saravanan, J.

1. The appellant herein is the unsuccessful plaintiff. The appellant is aggrieved by the impugned order dated 11.09.2020 passed by the learned Single Judge in A. No. 1674 of 2020 in C.S.D. No. 50213 of 2020. The respective respondents in this appeal were the 1st to 3rd defendants in the suit.

2. By the impugned order, the learned Single Judge has dismissed the application filed by the appellant under Clause 12 of the Letters Patent Act, 1865 seeking leave to sue the respondents, with the following observations:-

    22. Even though, the suit has not been taken on file and technically the nomenclature should be applicant and respondents, for the sake of convenience, the parties are referred as plaintiff and the defendants.

23. The plaintiff has a long grievance against the defendants. According to the plaintiff, they are an innocent agent appointed for down loading and discharging the cargo from the ship MV Stella Cherise at Krishnapatnam Port in Andhra Pradesh. The ship berthed at Krishnapatnam Port. The cargo was down loaded/discharged by the plaintiff acting as agent appointed by the second defendant. However, in the Bills of Lading, the names of the third and

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