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1981 Supreme(Ori) 106

P.K.MOHANTY, B.N.MISRA
REENA PADHI – Appellant
Versus
OWNERS AND PARTIES, INTERESTED, IN THE MOTOR VESSEL – Respondent


Advocates Appeared:
GOVIND DAS, KARUNAKAR JENA, PRADYUMNA KUMAR MOHANTY, SAMARESHWAR MOHANTY

B. N. MISRA, J.

( 1 ) THIS is the first suit filed in the Admiralty jurisdiction of this Court. Reena Padhi, widow of the late Rabindranath Padhi, is plaintiff No. 1 Rinku plaintiff No. 2 and Rajat plaintiff No. 3 are respectively the minor daughter and son of plaintiff No. 1 and the late Rabindranath Padhi. Minor plaintiffs 2 and 3 are represented in the suit by their mother plaintiff No. 1 who has filed an affidavit that her interest is not adverse to that of her minor daughter and son. The owners and parties interested in the ship "jagdhir" are described as defendant No. 1 and Messrs Great Eastern Shipping Company, Limited having their registered office at Mercantile Bank Building, 60 Mahatma Gandhi Road, Bombay are defendant No. 2. In the plaint both 'action in rem' and 'action in personam' are combined and pleaded against the defendants. However, Mr. S. Mohanty, learned counsel for the plaintiffs, submitted to the Court that for the present he was not pressing for an action in rem. Therefore, the present claim is an action in personam. The defendants have entered ap-pearance and filed objection to the maintainability of the suit It was decided that the question of maintainabi









































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