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SENTHILKUMAR RAMAMOORTHY
Shipping Corporation of India Limited – Appellant
Versus
Nicholas John Richardson – Respondent
ORDER :
Prayer in A. No. 2275 of 2023: Judge's Summons filed under Order XIV Rule 8 of Madras High Court Original Side Rules Read with Order VII Rule II of Civil Procedure Code to reject the plaint in C.S. (Comm. Div) No. 109 of 2022.
Prayer in A. No. 2276 of 2023 Judge's Summons filed under Order XIV Rule 8 of Madras High Court Original Side Rules Read with Clause 12 of the Letters Patent Act 1862 Read with Section 151 of Civil Procedure Code to revoke the leave to sue granted against the defendant in A. No. 2098 of 2022 in C.S. (Comm. Div) No. 109 of 2022.
1. After obtaining leave to sue in Application No. 2098 of 2022, by order dated 07.06.2022, the suit was filed as an admiralty action in personam to recover damages from the defendant for the collision allegedly caused by the defendant. The sole defendant was served suit summons on 01.07.2022. By these applications, the defendant seeks rejection of the plaint and revocation of leave to sue, respectively.
Counsel and their contentions
2. Oral arguments on behalf of the applicant were advanced by Mr. Joy Thattil Ittoop and on behalf of the respondent by Mr. K. Krishnaswamy.
3. Learned counsel for the applicant/defendant submitted that
Admiralty jurisdiction is confined to territorial waters, and actions in personam require the defendant to reside or conduct business in India; plaint not rejected as filed before Section 12A's effec....
Court's jurisdiction to entertain admiralty suits is limited to incidents occurring within its territorial waters; claims cannot proceed if the vessel is beyond those limits.
The Andhra Pradesh High Court has jurisdiction to execute foreign judgments under Section 44A, affirming its original admiralty authority to enforce decrees against vessels located within its territo....
Claims under the Fatal Accidents Act related to maritime collisions are under Admiralty jurisdiction, barring local courts.
The court confirmed that maritime claims under the Admiralty Act, 2017 allow arresting a vessel for dues irrespective of ownership, emphasizing the ship's distinct legal personality.
A claim for refund of detention charges does not fall within admiralty jurisdiction if it is not connected to a maritime claim involving a vessel.
The main legal point established in the judgment is that the plaintiff must establish urgency for the suit at the time of institution, and the grant of relief is not relevant for deciding the issue o....
Revocation of leave – Power to revoke dispensation granted under Section 12-A of Commercial Courts Act, 2015 can be made even suo motu without being tethered to application made by defendant in that ....
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