In an interim commercial admiralty suit, the court addressed whether to dismiss or press an application governed by the unamended Section 352A of the Marine Shipping Act, 1958.
The interim application is to be considered along with the main suit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
SWAROOP Digitally signed bySWAROOP SHARADPHADKE SHARAD PHADKEDate: 2022.08.0310:59:50 +0530
17 ia 1155 of 2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO.1155 OF 2020 IN
COMM. ADMIRALTY SUIT NO.5 OF 2019
…
Shipping Corporation of India Ltd. Applicant
and
…
Jagson International Ltd. and Anr. Plaintiffs
Versus
Shipping Corporation of India ...Defendant
Mr. Yashesh Kamdar with Ms. Ankita Mishra i/by Tuli and Co., for Plaintiff No.2.
Mr. Prathamesh Kamath with ms. N. Sumnani i/by Bhatt and Saldanha, for
Applicant/Org. Defendant.
CORAM: N.J.JAMADAR, J.
DATE: 2nd AUGUST, 2022
P.C.:
1.Heard the learned Counsel for the Applicant/Defendant and the learned
Counsel for the Plaintiff.
2.The learned Counsel for the Applicant submits that since the
Application is governed by Section 352A of the Marine Shipping Act, 1958 before it
suffered amendment, at this stage, without discharging the initial burden envisaged by
Section 352A of the Act, the Application cannot be proceeded with. Thus, the learned
Counsel for the Applicant seeks not to press the Application at this stage and prays
that the Application may be ordered to be considered along with the Suit.
SSP 1/2
17 ia 1155 of 2020.doc
3.The learned Counsel for the Plaintiff, on the other hand, submits that
the Application may be disposed of with liberty to the Applicant in the event the
Applicant succeeds in discharging evidentiary burden.
4.The Counsels are in unison on the point that, at this juncture, the
Application cannot be considered as it is governed by unamended Section 352A of the
Marine Shipping Act, 1958.
5.Relegating this Application for being decided along with the Suit would
cause prejudice to none of the parties. Hence, the Application be considered
alongwith the Suit.
( N.J.JAMADAR, J. )
SSP
1 issue framed by the court
Whether the present interim application should be proceeded with or adjourned for consideration along with the main suit.
1 provisions across 1 enactments
Shipping Corporation of India Ltd.
Jagson International Ltd.
N.J. Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court