RANJIT NARAYANAN Vs. KUMARASAMY ALFRED

JUDGEMENT

(1.) THE petitioners/A1 and A2 who are Officer In-charge and Managing Director of a company by name M/s.Executive Ship Management P.Ltd., seek to quash the proceedings in C.C.No.6066 of 2006 pending before the learned XVII Metropolitan Magistrate, Saidapet, Chennai.

(2.) IN such case, the respondent has sought relief under Section 145 of the Merchant Shipping Act, 1958. The material features of the complaint are as follows:

(3.) SECTION 21 of the Merchant Shipping Act, 1958 reads as follows: "21. Indian Ships.- For the purposes of this Act, a ship shall not be deemed to be an Indian ship unless owned wholly by persons to each of whom [any] of the following descriptions applies:- (a) a citizen of India or (b) a company or a body established by or under any Central or State Act which has its principal place of business in India or - a co-operative society which is registered or deemed to be registered under the Co-operative Societies Act, 1912, or any other law relating to co-operative societies for the time being in force in any State." The application of the Act is informed in SECTION 2 which reads as follows: