STATE OF MAHARASHTRA Vs. SINICA GRAECA SHIPPING LIMITED

JUDGEMENT

(1.) The Appeal is by the State Government with leave of the Court against an Order and Judgment dtd. 17/7/2018 (KR Shriram, J). Leave was required because the State Government was not a party to either of the Suits before the learned Single Judge.

(2.) Mr Justice Shriram had before him two Commercial Suits. For the purposes of the Appeal we are concerned with only one of these. Commercial Suit No. 98 of 2015 (North Star Marine) is not the subject matter of the challenge and we need not concern ourselves with that portion of the order that deals with it.

(3.) Commercial Suit No. 816 of 2017 was brought by Sinica Graeca Shipping Limited ("Sinica Graeca") against MT Chemroad Mega ("Chemroad Mega") a vessel flying a Panamanian flag. Sinica Graeca is a company incorporated in the Marshall Islands.