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2022 Supreme(SRI)(CA) 375

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
Hon. B. Sasi Mahendran J, D.N. Samarakoon, J, B. Sasi Mahendran, J
M.V. “Evangeli” – Appellant
Versus
Navi- Bun kering Crop – Respondent


Advocates:
Suren De Silva with Jehan Samarasinghe for the Defendant- Appellant
Chandaka Jayasundera with Rehan Almeida for the Plaintiff- Respondent

B. Sasi Mahendran, J

The 2nd Defendant-Appellant, the Owner of the 1st Defendant Vessel, “M.V. Evangeli” (hereinafter referred to as “the Owner”) invoked the appellate jurisdiction of this Court in terms of the Admiralty Jurisdiction Act No. 40 of 1983 read with Section 13 of the Judicature Act No. 2 of 1978, as amended, to impugn the judgment of the High Court of Admiralty, which entered judgment in favour of the Plaintiff-Respondent in action in rem 8/2013 dated 02nd November 2017.

The sequence of events is important in this matter.

It is undisputed that the 1st Defendant-Vessel, “M.V. Evangeli” (hereinafter referred to as “the Vessel”) is owned by the Appellant, KDB Capital Corporation Ltd., which is a company incorporated in and has its registered office in South Korea. By virtue of a Lease Agreement (No. 2007-01841) entered into between the Owner and Bumyoung Shipping Co Ltd. (hereinafter referred to as “the demise charterer”) on 01st August 2007 for a period of 63 months ending on 01st November 2012 (amended by Agreement No. 2007-01841-000 dated 02nd August 2007) the said Vessel was leased under a finance lease to Bumyoung Shipping Co Ltd. The Lease Agreement was subsequently re

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