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KERALA HIGH COURT
Judge Name, J
Able Seaman of the Vessel M. V. Korea Chemi (IMO 9274276) a Foreign Flag Vessel v. Siluvaipichai Francies
| Table of Content |
|---|
| 1. jurisdiction and details of the fishers' claims. (Para 1 , 2 , 5 , 11) |
| 2. legal observations on the nature of the claims. (Para 3 , 4 , 8 , 13) |
| 3. arguments regarding the maintainability of claims against defendants. (Para 9 , 10 , 12) |
| 4. court's final ruling on the applications. (Para 14 , 15) |
1. The above Applications are filed by Defendant Nos.3 and 5 in the Suit.
2. I.A. Nos.2 & 5 of 2024 are filed by the Defendant Nos.3 & 5 respectively, praying to reject the Plaint in its entirety against them for failure to disclose cause of action, lack of jurisdiction and the Plaint being barred under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (hereinafter referred to as 'the Admiralty Act').
3. I.A. Nos.3 & 4 of 2024 are filed by the Defendant Nos.3 & 5 respectively, praying to strike out the pleadings in relation to them as set out in the Plaint and the Affidavit as the said pleadings are unnecessary, scandalous, frivolous, and vexatious and have the effect of prejudicing and delaying the Suit and are a gross abuse of process of Court. Prayer is also sought to strike them out from the party array on the ground that the Applicants therein are i
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