- (1.) Almost 20 years ago, on or about 5th June 1994, there was a collision at the port of Marmagoa, Goa between m.v.Sanjeevani owned by the plaintiffs and the 1st defendant vessel owned by the 2nd defendant. It is the case of the plaintiffs that the collision was entirely due to the negligence and total and wanton disregard to good seamanship, collision regulations and other principles of safety and navigation by those manning the 1st defendantvessel. The plaintiffs are claiming a sum of Rs.13,33,70,000/ together with interest @ 18% p.a. on the said amount.
(2.) The defendants filed written statement and counter claim on 30.4.1996, almost 19 years ago, in which it is alleged that the incident of collision was caused by acts or omissions of the plaintiffsvessel m.v. Sanjeevani and her complement. In the alternative it is claimed that the incident was occasioned by act of God and/or perils of the sea. The defendants are counter claiming for a decree in the sum of Rs.10,95,330/ with interest @ 18% p.a. and in the alternative are seeking to limit their liability to a sum of Rs.58,43,811.20/ under Sections 350 and 352(B) of the Merchant Shipping Act 1958. Both the plaintiffs and the defendants have proceeded on the basis that this court has jurisdiction.
(3.) After lot of water had flown under the bridge, as I would explain later, sometime in January2010, i.e., almost 16 years after the plaintiffs filed the suit and 14 years after the defendants filed their written statement and counter claim, a Chamber summons was taken out by the defendants questioning the jurisdiction of the Bombay bench of this Hon'ble Court. The defendants wanted this court to decide as to whether the Bombay bench of this Hon'ble Court had or has no jurisdiction to try the suit and whether the plaint and proceedings be returned for presentation to the Goa bench of this Court for being entertained, heard and disposed of.;