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MADRAS HIGH COURT
M. Chockalingam, J.
Samiyullah S. v. Ownersand Parties interested in the Vessel M. V. Makar
| Table of Content |
|---|
| 1. plaintiff claims for supply of provisions. (Para 1 , 2 , 3) |
| 2. plaintiff provided evidence of orders and acknowledgments. (Para 6 , 7 , 8) |
| 3. court found evidence insufficient and questionable. (Para 10 , 11) |
| 4. maritime lien's validity and conditions discussed. (Para 12 , 13) |
| 5. court ruled against the plaintiff due to lack of evidence. (Para 15 , 16) |
1. This suit has been filed for payment of Rs. 3,65,103.50 with interest at 18% p.a. from the date thereof till the date of payment in full and for arrest and sale of the vessel m.v. Makar (Formerly m.v. Eagle II) in the Port of Vizag all its gears, tools, tackles, hinders, machinery, apparel, plant, furniture and paraphernalia towards the suit claim, interest and for costs.
2. Plaint averments are as follows :
The plaintiff was carrying on business as Ship Chandler. The headquarters of the business of the plaintiff is at Madras. On 25-1-96, the plaintiff received orders at Madras for supply of ship stores and provisions to the vessel m.v. Eagle II then, due to call at Port at Vizag. For the said order the plaintiff arranged for supply to the vessel at the Port of Vizag shop stores and provisions between 27-1-96 and 3-2-9
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