Jagson International Ltd. And Another v. Shipping Corporation Of India

SWAROOP SHARAD PHADKE SWAROOP SHARAD PHADKE Date: 2022.08.03 10:59:50 +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:

nd 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 2/2