GREAT EASTERN SHIPPING COMPANY Vs. SUKHDEV SINGH

JUDGEMENT

(1.) The appellant before this Court, who is original defendant No. 1, took out Chamber Summons No. 2093 of 2007 in Suit No. 527 of 2005 praying that the name of the present appellant/original defendant No. 1 i.e. The Great Eastern Shipping Company Limited, be deleted from the array of parties to the suit and in its place the name of the applicant i.e. Great Offshore Limited be inserted. This prayer was made on the basis of a fact that the Great Eastern Shipping Company was demerged. This Chamber Summons was dismissed by learned Single Judge by an Order dated 12th August, 2008 which reads as under:

(2.) Aggrieved from the above order, the appellant has filed the present appeal challenging the legality and correctness of the said order.

(3.) Firstly, we will have to consider the objection raised on behalf of the respondents in the appeal as to the maintainability of the present appeal. It is contended that under Clause 15 of the Letters Patent, such an order would not be appealable as the order does not determine any right or liability of the parties finally or even otherwise. Learned Counsel appearing for the appellant/original defendant No. 1 has relied upon the dictum of the Supreme Court in (Shah Babulal Khimji Vs. Jayaben D. Kania & anr.), 1981(4) S.C.C. 8, specifically referring to Paragraph 113 thereof, which reads as under:-