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BOMBAY HIGH COURT
Anoop V. Mohta, J.
S. K. Networks Company Ltd. v. M/s. Amulya Exports Ltd. and Others
| Table of Content |
|---|
| 1. requests for dismissal based on jurisdiction and limitation. (Para 1 , 4) |
| 2. details of the plaintiff's business and contractual agreements. (Para 5 , 6 , 10) |
| 3. fraud allegations related to the bill of lading and its consequences. (Para 12 , 14 , 23) |
| 4. provisions applicable from the sea act and its interpretation. (Para 16 , 22 , 42) |
| 5. limitations period for filing suits and its implications. (Para 18 , 27 , 30) |
| 6. court's decision-making regarding limitations and allegations of fraud. (Para 38 , 39) |
| 7. final determination and orders issued by the court. (Para 43 , 44 , 45 , 46) |
1. This Notice of Motion has been taken out by the applicants, original defendant Nos. 3 and 4 and prayed as under : -
Clause (a) - That the above suit be dismissed for want of jurisdiction against the third and fourth defendants.
Clause (b) - In the alternative the suit be dismissed as the same is barred by law of limitation.
2. By an order dated 24th January, 2006 in Chamber Summons No. 1391 of 2005 taken out by defendant Nos. 3 and 4 for revocation of leave granted by an order dated 24-4-2004 under Cl. XII of Letters Patent was dismissed and observed as under : -
"5) Firstly according to def
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