FREEMAN Vs. SSCALANDA AND CAPTYANOVSKY

JUDGEMENT

(1.) This is a notice of motion by-Captain Yanovsky, the caveator, asking for an order that the decree made in Suit No. 1 of 1922 by my brother Crump on April 25, 1922, may be set aside, and that the sale made in pursuance of the said decree be also set aside. The notice of motion states that I have granted an interim injunction against completion of the sale until further order of the Court. That statement is admittedly incorrect and should be struck out. All I did was to give leave to serve short notice of motion for last Saturday.

(2.) The suit itself is a curious one. The application is also a curious one; and it bristles with legal points--points which are of interest from an historical aspect and also on the question of our Admiralty Jurisdiction in this Court. It also carries with it points of interest to all of us in this High Court of Bombay, viz., that the various matters arising in the exercise of the Court's extensive jurisdiction should be carried out in a way which is befitting a High Court and which cannot be commented on adversely either by any other High Courts or by our important business community either in Bombay or Enlgand. It is partly for the reason that I am very jealous of the reputation of the Bombay High Court in this respect that I directed the Court to be kept open on Saturday last, a day which is normally a dosed day during the vacation, and that I have sat specially to-day to hear the application, which is stated to be of great urgency and of great importance to the parties before me.

(3.) To understand the position, I must recapitulate, shortly, what I stated on the application to expedite the trial of the other suit, No. 2 of 1922. This Ship, the Calanda, was formerly the Russian Volunteer ship Omsk. When she was under the Russian flag, the present caveator, Captain Yanovsky, was the Captain of the ship, and the present Chief Engineer and I think the Third Engineer were also officers on that ship. At that time they earned, so they say, certain sums for commission on freight and so on. The ship was subsequently purchased by a London Shipping Company and transferred to the British registry. I have not seen the ship's certificate but that is admitted on all sides.