NIPPON YUSEN KABUSHIKI KAISHA Vs. NYK THESEUS

JUDGEMENT

(1.) The applicant - defendant No.2 has preferred this application to dismiss the suit and return the security furnished by the applicant, revoke the grant of leave under Clause XII of the Letters Patent and, in the alternative, return the plaint to the plaintiff for presentation before the appropriate forum. A direction is also sought against the plaintiff to pay an amount of Rs.35,00,000.00 together with interest on cash deposit of Rs.6,50,77,230.68 at the rate of 18% p.a. from the date of deposit i.e. 18/12/2019 till payment and/or realization.

(2.) The applicant - defendant No.2 is a legal entity organized under the laws of Japan.

(3.) Aurobindo Pharma Limited, the plaintiff, instituted a commercial admiralty suit against the applicant - defendant No.2, NYK Theseus (IMO No.9356701) defendant No.1 - the Vessel and NYK Line (India) Pvt. Ltd., defendant No.3, asserting that the applicant - defendant No.2 is a legal entity organized under laws of Japan and carries on business as a carrier under the trade name NYK Line. Defendant No.3 is a 100% subsidiary of the applicant, in India. The registered owner of defendant No.1 Vessel NYK Theseus Corporation SA is a one ship company incorporated under the Laws of Panama. The Vessel was entirely managed and controlled by defendant No.2. The registered owner of defendant No.1 Vessel was also a company. It was owned, financed, operated, funded, managed and controlled entirely by defendant No.2 and, thus, for all practical purposes defendant No.2 was the owner and/or deemed owner of defendant No.1 Vessel.