LAWS(MAD)-2011-11-67

DANMAR LINES REP BY LOCAL AGENTS LEE & MUIRHEAD LTD CHENNAI Vs. VESTAS RRB INDIA LTD REP BY ITS POWER AGENT SUBROGEE UNITED INDIA INSURANCE COMPANY LTD

Decided On November 17, 2011
Danmar Lines represented by Local Agents M/s. Lee And Appellant
V/S
VESTAS RRB INDIA LTD. REPRESENTED BY ITS POWER AGENT/SUBROGEE Respondents

JUDGEMENT

(1.) Challenge in this appeal is the order passed by the learned single Judge in A.No.5538 of 2003 in C.S.No.950 of 2003 filed under Order VIII-A(1) of the Code of Civil Procedure read with Order V-A of the High Court Original Side Rules, for the purpose of claiming contribution towards the suit claim from a third party, who is not a party to the suit dismissing the same by stating that this Court has no jurisdiction as per the terms of Bill of Lading between the first defendant and the third party.

(2.) The facts, which are necessary for the disposal of this appeal are as follows:

(3.) The learned counsel appearing for the respondents 1 and 2 would submit that the facts are admitted one.