M V LEONIS Vs. LIBRA SHIPPING SERVICES LLC

JUDGEMENT

(1.) THE present application has been preferred by the applicant - original defendant no. 1 for rejection of the plaint and also consequentially for return of the demand draft submitted to this Court for release of the vessel.

(2.) IN order to examine the real cause for the plaintiff of the suit, the parties shall be addressed as per their original status in the suit herein after. The plaintiff has invoked the admiralty jurisdiction of this Court by submitting the plaint and the averments made in the plaint can at best be said as the real cause of action for the plaintiff to invoke the jurisdiction. The relevant averments in the plaint as will have to be examined can be reproduced as under:

(3.) AT para 2 it has been stated as under: "defendant No. 1 is the vessel M. V. Leonis having St. Vince and the Grenadineas Flag, built in 1979. Defendant No. 2 is Vasteast International Pte. Ltd. , Singapore, which has entered into a charter party agreement for voyage charter with the plaintiff and is a disponent owner of defendant No. 1 whereas the Head Owner of the defendant No. 1 is Prominent Shipping Pte. Ltd. , Singapore. "