LAWS(GJH)-2016-4-95

HERMES MARINES LIMITED Vs. CAPESHORE MARITIME PARTNERS FZC

Decided On April 22, 2016
Hermes Marines Limited Appellant
V/S
Capeshore Maritime Partners Fzc Respondents

JUDGEMENT

(1.) The present application has been preferred under Order 7 Rule 11(d) of the Code of Civil Procedure, 1908 ("the Code"), for the rejection of the plaint.

(2.) The applicant, Hermes Marines Limited, is a corporate entity incorporated under the laws of Marshall Island. It is the owner of the defendant Vessel M.V.Atlantis (IMO No.:8128078), which is a foreign ship flying the flag of Togo, Port of Registry, and is a bulk carrier. It is presently at the port and harbour of Alang West Coast at Alang, Bhavnagar, within the territorial waters of India and, thus, within the Admiralty jurisdiction of this Court.

(3.) Opponent No.1 /plaintiff - Capeshore Maritime Partners FZC (referred to as the plaintiff, for convenience), is a Company incorporated under the laws of the United Arab Emirates and is engaged in carrying on the business of the sale and purchase of vessels, including old vessels for the purpose of demolition, navigation and chartering.