National Insurance Company Ltd. v. Jagson International Ltd.
Case brief
What is this about?
Order allowing transposition of a non-appearing plaintiff as a defendant in an admiralty suit: Interim Application No. 2509 of 2025 in Commercial Admiralty Suit No. 5 of 2019, Bombay High Court Commercial Division (Abhay Ahuja, J., 25 July 2025). Applicant: National Insurance Company Ltd.; Plaintiffs: Jagson International Limited and Anr.; Defendant: Shipping Corporation of India. Plaintiff no.1, though served (service report dated 17 June 2025), failed to appear and was transposed as Defendant no.2 per prayer clause (i); amendments within two weeks and service thereof within a further two weeks. Defendant sought to keep the maintainability of the Suit as an open contention. No statutes or precedents cited in the order.
What did the court decide?
Transposition of Plaintiff no.1 as Defendant no.2 in terms of prayer clause (i); amendment of the plaint and other proceedings within two weeks; service of the amended proceedings on the other side within two weeks thereafter; appropriate affidavit of service to be filed; application allowed and disposed.