Lots Shipping And Trading Pte. Ltd. And Another v. Mt Nu Shi Nalini And 2 Others

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION (L) NO. 321 OF 2019 LOTS Shipping and Trading Pte.Ltd. & Anr.

...Petitioners

Versus

MT Nu Shi Nalini & Ors.

...Respondents

---------- Ms. Bulbul Singh Rajpurohit, i/by M/s. Crawford Bayley & Co., for the Petitioners.

---------- CORAM :

R.I. CHAGLA J.

DATE :

29 August 2019 ORDER :

1.

This Petition is for leave under Clause XII of the Letters Patent. The proposed Suit is for monetary decree and is in respect of the Respondent vessel. It is stated in the jurisdiction clauseparagraph 51 of the Suit that the Respondent vessel is presently in the territorial waters of this Court and under its admiralty jurisdiction by reason of presence of the Respondent vessel within its jurisdiction.

1 / 3

2.

Respondent No. 2 is a registered owner of the Respondent vessel and has its registered office within the jurisdiction of this Court.

3.

The invoices towards the salvage services were raised on Respondent No. 2 which is within jurisdiction of this Court. The claim for salvage services is under invoices and part payments have been made by Respondent No. 2. However, Respondent No. 3 has its registered office at Chennai which is outside the jurisdiction of this Court. Respondent No. 3 had agreed to make payments under a side agreement on behalf of the Respondent No. 2 for salvage services rendered to the Respondent vessel.

4.

I am satisfied that the material part of cause of action having arisen within the jurisdiction of this Court. Accordingly, leave is granted under Clause XII of the Letters Patent. This Court will have jurisdiction to entertain and try the Suit.

5.

Leave granted. The Petition is made absolute. 2 / 3

[R.I. CHAGLA J.] 3 / 3