PACIFIC GULF SHIPPING (SINGAPORE) PTE LTD Vs. S R K CHEMICALS LIMITED
HIGH COURT OF BOMBAY
Pacific Gulf Shipping (Singapore) Pte Ltd
S R K Chemicals Limited
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(1.) By a judgment dated 1st September, 2017 in this suit, this Court was pleased to hold that Admiralty Court does not have jurisdiction to arrest defendant no.2 cargo.
(2.) By the said judgment, this Court was pleased to recall the order, passed on 10th February, 2017, of arrest of defendant no.2, viz., Cargo of 20,000 MT of salt and directed release of defendant no.2 to defendant no.1 its owners. While holding that a cargo cannot be arrested de hors the vessel, this Court was also pleased to frame an issue, which has modified by an order dated 5th January, 2018, and it reads as under :
"As this court has held that it did not have jurisdiction to arrest defendant no.2cargo and the jurisdiction assumed by this court was on the basis of this arrest, whether the suit ought to be dismissed without reference to any other issue in the suit?
(3.) Mr. Kamat, counsel for defendant nos.1 and 2 submitted, as this Court in its judgment of 1st September, 2017 has come to a conclusion that this Court did not have jurisdiction to arrest defendant no.2 cargo, there was nothing left in the suit and the suit has to be dismissed for want of jurisdiction as against defendant no.2. Mr. Kamat further submitted that thereafter only defendant no.1 will remain, who admittedly does not carry on business within the jurisdiction of this Court as the cause title itself shows the address of defendant no.1 to be "At Gandhidham, Kutch, Gujarat" and the suit has to be dismissed.;
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