ANGSLEY INVESTMENT LTD Vs. TURUS SHIPPING SERVICE

JUDGEMENT

(1.) This application is filed by M/s. Angsley Investment Ltd., the intervener and interested party in defendant vessel (MV Lima-I) with a prayer to decide the issue regarding maintainability of the suit on the ground that at the time when arrest order of (MV Lima-I) came to be passed by this Court on 16.03.2002 in O.J.M.C.A. No.20 of 2002, it was harbored at port of Calcutta, which is within the territorial jurisdiction of the Hon'ble High Court of Calcutta and not within the territory of the jurisdiction of the Hon'ble High Court of Gujarat. It is also stated that even when the first order dated 16.07.2001 came to be passed in Admiralty Suit No.16 of 2001 filed by the plaintiff, ownership of ships (MV Lima-I and II) of different persons and having different entity. Therefore, following prayers are made:-

(2.) Thus, this Court is asked to frame preliminary issue about territorial jurisdiction with regard to the vessels (MV Lima-I and II) for which order of arrest came to be passed by this Court.

(3.) In a reply to the above application filed by the intervener, the plaintiff has submitted that initially order of arrest came to be passed against vessel MV Lima-II on 16.07.2001 in Admiralty Suit No.16 of 2001 was defied and the vessel had jumped the arrest order, and therefore, on application moved by the original plaintiff i.e. O.J.C.A. No.20 of 2002, this Court passed order on 16.03.2002 for arrest of vessel MV Lima-I, a sister concerned, for which the present application is filed. It is also averred in the above reply that present application is barred by delay, latches, acquiescence and estopple in view of the fact that applicant had already appeared before this Court on furnishing security for the release of vessel MV Lima-I as early as in the year 2002 and furnished the bank guarantee and also renewed the same from time to time and participated in the proceedings of the suit by way of preferring O.J.C.A.No.147 of 2003 and conditionally release was ordered by this Court on 18.06.2002 passed in O.J.C.A.No.53 of 2002 preferred by the applicant. It is also stated that since MV Lima-I, the sister concerned of the original defendant vessel (MV Lima-II) and therefore, consequential order, passed by this Court of arrest of MV Lima-I, did not require to be vacated, altered or modified at the behest of stranger to the suit proceedings, not yet impleaded as a party, and therefore having submitted to the jurisdiction of this Court and the fact that various other issues are involved from the issue of jurisdiction cannot be decided as a preliminary issue under Order-14 Rule 2 of Code of Civil Procedure, 1908. Learned counsel appearing for both the parties have addressed to this Court on various issues and cited case-laws in support of their submissions. The applicant,-intervener has also even filed written submission and the same is taken on record.