Supreme Court · 2006 INSC 46 · Decided 30 January 2006

Mayar (H.K.) LTD. and ORS. v. Owners & Parties, Vessel M.V. Fortune Express and ORS.

Court
Supreme Court of India
Citation
2006 INSC 46 · [2006] 1 S.C.R. 860
Case number
CIVIL APPEAL No. 867/2006
Decided
30 January 2006
Bench
RUMA PAL, P.P. NAOLEKAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

Admiralty Suit·-lndian Carriage of Goods by Sea Act, 1925--Section 2 and Schedule to the Act-~ivil Procedure Code 1908-0rder VII Rule //, Order V Rule 2. Section JO-Power of High Court to grant stay--Charter C Party Agreement between plaintiff and defendant company---Defendant agreeing to ports of Malaysia to Calcutta Port--Out of 642 logs, 5 78 Jogs lying on deck of the vessel and described as deck cargo in BOL-At Calcutta Port short landing of 456 logs lying on deck-Plaintiff filing admiralty suit in the High D Court at Ca/cul/a alleging breach of Charter Party Agreement by

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