JAGSON INTERNATIONAL LTD Vs. MARINE DRILLING COMPANIES INC

JUDGEMENT

(1.) LEAVE granted under Rules 147 and 148 of the High Court Rules (O.S.) in terms of draft notice of motion handed in. Motion returnable forthwith. Ms Markar waives service for defendants.

(2.) THE plaintiffs - M/s Jagson International Ltd. have filed the present suit for a decree against the defendants viz. M/s Marine Drilling Companies Inc. and M/s Marine 300 Series Inc., having their office at 14141, Southwest Freeway, Suite 2500, Sugar Land, Texas 77478, U.S.A. jointly and severally for the amount of US$ 1,46,00,000/- and Rs.5,63,00,000/- together with interest on the amount of Rs.60,00,000/- at the rate of 21% p.a. from 4th June 1993 till payment / realisation and on the balance amount of US$ 1,46,00,000/- and Rs.5,03,00,000/- at the rate of 21% p.a. from the date of filling of the suit till payment/ realisation. Pending hearing and final disposal of the suit, the plaintiffs pray that by an order and injunction, the defendants, their servants, agents or anyone claiming through them be restrained from receiving and/ or remitting out of India, amounts in respect of hire charges of their oil rigs presently in Indian waters unless and until an amount of Rs. 56,73,00,000/- is deposited by the defendants in this Court and the defendants be restrained from removing the Oil Rig Marine 201 from its present site near Madras and/or selling and/or transferring and/or alienating the same and/ or creating any third party rights in respect of the same. A notice of motion had been taken out by the plaintiffs in the suit praying for interim reliefs pending suit to secure the claim of the plaintiffs in the suit within such time as this court may deem fit and in the event of defendants' failure to comply with the aforesaid prayer, an order for attachment before judgment of the Oil Rig Marine 201, at present situated at Krishna Godavari Basin, Off Rajamudri be passed and the amounts so far received by way of hire / charter hire in respect of the said Oil Rig Marine 201 wherever lying in India and / or any further amounts receivable by or payable to the defendants by way of hire / charter hire of the said Rig and the defendants be directed to disclose full particulars of the said amounts received and /or receivable as above and the Court Receiver be appointed of the said Oil Rig Marine 201 with all powers under Order XL of the C.P.C. including the power to sell the said Rig and it be directed that the Court Receiver to sell the said Oil Rig by public auction or private treaty and to deposit the sale proceeds thereof in this Court. It is also prayed that the defendants, their servants and agents be restrained by an order and injunction from transferring, selling, alienating, encumbering or removing the said Rig or creating any third party rights of whatsoever nature in respect of the said Oil Rig Marine 201 and removing the said Oil Rig Marine 201 from Krishna Godavari Basin where it is at present located.

(3.) IN the affidavit in support of notice of motion, the facts stated in the plaint are reiterated. The notice of motion is stoutly opposed by the defendants and it is submitted that the present suit is frivolous and filed with an intention to harass the defendants. No concluded contract was entered into between the plaintiffs and the defendants and that this Court has no jurisdiction since no part of the cause of action accrued within the jurisdiction of this Court. It is also submitted that prior to the present suit, three suits were filed by the plaintiffs in Delhi Court earlier and having been unsuccessful there, the present suit is filed. The claim is also barred under Order 2 rule 2 of the C.P.C. Thus, it is submitted by the defendants that the plaintiffs have not come out with clean hands and have suppressed the material facts relating to earlier suits.