M.V. KUMAR Vs. UNITED INDIA MARINE SERVICES

JUDGEMENT

(1.) The defendant-Vessel has preferred this application, seeking dismissal of the Suit on the ground that the plaintiff being an unregistered partnership firm, was incompetent to institute the suit and the plaintiff 's claim is not a Maritime Claim. The applicant has also sought the return of the security furnished by the applicant along with the interest and damages in the sum of Rs.20,00,000.00, for the wrongful arrest of the applicant-Vessel.

(2.) Background facts can be stated in brief as under:-

(3.) The plaintiff has resisted the application by filing an affidavit-in-reply. It is contested that the suit does not represent a Maritime Claim. Plaintiff asserts, the Maritime Claim arose on account of the marine services rendered by the plaintiff to defendant-Vessel and her sister Vessels at the instance of the owner. It is denied that the plaintiff is an unregistered partnership firm. According to plaintiff, the defendant has not succeeded in bringing material on record to clearly demonstrate that the suit is barred under the provisions of Sec. 69 (2) of the Act, 1932. In any event, according to the plaintiff, the delay in seeking release of the defendant-Vessel and also in moving application after furnishing security, impinges upon the instant application. Thus, the claim for damages is stated to be wholly unsustainable.