EPOCH ENTERREPORTS Vs. M V WON FU
LAWS(SC)-2002-10-77
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on
October 29,2002
EPOCH ENTERREPOTS
Appellant
VERSUS
M.V.WON FU
Respondents
Referred Judgements :-
NAGINDAS RAMDAS VS. DALPATRAM ICHHARAM ALIAS BRIJRAM [REFERRED TO]M V ELISABETH M V ELISABETH VS. HARWAN INVESTMENT AND TRADING PRIVATE LIMITED HANOEKAR HOUSE SWATONTAPETH VASCO DE GAMA GOA: HARWAN INVESTMENT AND TRADING CO [REFERRED TO]
M V A L QUAMAR VS. TSAVLIRIS SALVAGE INTERNATIONAL LIMITED [REFERRED TO]
Cited Judgements :-
M V SEA RENOWN VS. ENERGY NET LIMITED [LAWS(GJH)-2003-1-46] [REFERRED]M V SEA RENOWN VS. ENERGY NET LIMITED [LAWS(GJH)-2003-7-39] [REFERRED]
KUOK OILS and GRAINS PTE LTD VS. TOWER INTERNATIONAL PVT LTD [LAWS(GJH)-2004-7-46] [REFERRED TO]
BATUKBHAI B PATEL VS. TUG JOSHUA [LAWS(GJH)-2008-8-124] [REFERRED TO]
M V LEONIS VS. LIBRA SHIPPING SERVICES LLC [LAWS(GJH)-2009-9-114] [REFERRED TO]
WESTERN SHIP BREAKING INDUSTRY VS. LAIKI BANK HELLAS S A [LAWS(GAU)-2006-7-33] [REFERRED TO]
BHAIRAMAL GOPIRAM VS. OWNER PARTIES INTERESTED IN THE VESSEL M V EVERWISE [LAWS(CAL)-2004-5-16] [REFERRED TO]
MAYAR HK LIMITED VS. OWNERS AND PARTIES INTERESTED IN THE VESSEL MV NEETU [LAWS(MAD)-2003-7-192] [REFERRED TO]
SIERRA INTERNATIONAL SHIPPING CORPN VS. M V UMKA [LAWS(BOM)-2003-1-41] [REFERRED TO]
EAST COAST STEEL LTD VS. OWNERS AND [LAWS(MAD)-2008-7-117] [REFERRED TO]
SUNIL B. NAIK VS. GEOWAVE COMMANDER [LAWS(BOM)-2013-5-32] [REFERRED TO]
YUSUF ABDUL GANI SOLE PROPRIETOR OF JUMBO VS. GEOWAVE COMMANDER FLYING THE FLAG OF SINGAPORE [LAWS(BOM)-2013-5-38] [REFERRED TO]
GEORIM OIL CORPORATION VS. M.V. FLAG MERSINIDI [LAWS(BOM)-2014-4-50] [REFERRED TO]
M.V. FLAG MERSINIDI A FOREIGN FLAG VESSEL VS. M.V. FLAG MERSINIDI [LAWS(BOM)-2014-4-183] [REFERRED TO]
L M J INTERNATIONAL LTD VS. VESSEL M V OSM ARENA [LAWS(CAL)-2011-3-141] [REFERRED TO]
OWNERS AND PARTIES INTERESTED IN THE VESSELS M V EUGINE VS. V K UDYOG LTD [LAWS(CAL)-2011-9-168] [REFEREED TO]
HARI AND COMPANY VS. ST ANTONYS TRADERS [LAWS(MAD)-2011-2-154] [REFERRED TO]
BAHIRATHAN VS. HCL INFOSYSTEMS LTD [LAWS(NCD)-2006-12-52] [REFERRED]
LANKA TELECOM PLC VS. M V ACX HIBISCUS IMO [LAWS(GJH)-2012-10-189] [REFERRED TO]
PORTO MAINA MARITIME SA VS. OWNERS & PARTIES INTERSTED IN THE VESSEL M.V. GATI MAJESTIC [LAWS(CAL)-2013-9-56] [REFERRED TO]
DEMYANENKO, VOLODYMY VS. K. SHAJAHAN PROPRIETOR [LAWS(MAD)-2013-9-99] [REFERRED TO]
BAHIRATHAN VS. HCL INFOSYSTEMS LTD & ORS [LAWS(UTRCDRC)-2006-12-8] [REFERRED TO]
DESTEL MARINE LIMITED VS. M V STAR [LAWS(GJH)-2011-5-181] [REFERRED TO]
M V LUCKY FIELD VS. UNIVERSAL OIL LTD [LAWS(GJH)-2008-12-199] [REFERRED TO]
DESTEL MARINE LIMITED VS. M V STAR 7 [LAWS(GJH)-2011-5-184] [REFERRED TO]
ARAB SHIPPING CO LLC VS. J S OCEAN LINERS PTE LTD [LAWS(GJH)-2008-5-238] [REFERRED TO]
LMJ INTERNATIONAL LTD. VS. OWNERS AND PARTIES INTERESTED IN THE VESSEL M.V. OSM ARENA [LAWS(CAL)-2011-3-185] [REFERRED TO]
ECO MARITIME VENTURES LTD VS. ING BANK NV [LAWS(GJH)-2016-6-166] [REFERRED TO]
BEST FOOD INTERNATIONAL PVT. LTD. VS. NAVBHARAT INTERNATIONAL LTD. & ORS. [LAWS(BOM)-2010-3-297] [REFERRED TO]
CHEMOIL ADANI PVT LTD VS. M V HANSA SONDERBURG [LAWS(BOM)-2010-4-290] [REFERRED]
LMJ INTERNATIONAL LIMITED VS. KIM GEONG TAI [LAWS(MAD)-2011-7-111] [REFERRED TO]
RAMAN KUMAR MISHRA VS. UNION OF INDIA [LAWS(PAT)-2010-6-44] [REFERRED TO]
DEMYANENKO, VOLODYMYR AND ORS VS. R-1 K SHAJAHAN AND ORS [LAWS(MAD)-2013-9-297] [REFERRED]
CHRISOMAR CORPORATION VS. MJR STEELS PRIVATE LIMITED [LAWS(SC)-2017-9-85] [REFERRED TO]
SUNIL B. NAIK VS. GEOWAVE COMMANDER [LAWS(SC)-2018-3-16] [REFERRED TO]
CONTINENTAL RADIANCE OFFSHORE PVT. LTD VS. LEWEK ALTAIR SHIPPING PRIVATE [LAWS(BOM)-2022-4-197] [REFERRED TO]
JUDGEMENT
Banerjee, J. -
(1.)Leave granted.
(2.)Issuance of warrant for the arrest of the vessel M. V. WON FU berthed at Madras Port has been the principal controversy before the Madras High Court in its Admiralty Jurisdiction.
(3.)The plaintiff being the appellant herein instituted a suit for recovery of damages of 11 lakhs for breach of contract with interest at the rate of 24% per annum by reason of loss and damages suffers and caused by breach of contract by the defendant vessel. The factual element we will refer shortly hereafter but presently be it noted that against the refusal to entertain the suit and the consequent dismissal of the same before the learned trial Judge, the plaintiff moved the appellate forum in the High Court but having failed to obtain the relief the petition for special leave under Article 136 has been moved before this Court and this Court at the admission stage itself upon issuance of notice and upon the grant of leave as appears hereinbefore proceeded to deal with the issue without much of procedural formalities.
(2.)Issuance of warrant for the arrest of the vessel M. V. WON FU berthed at Madras Port has been the principal controversy before the Madras High Court in its Admiralty Jurisdiction.
(3.)The plaintiff being the appellant herein instituted a suit for recovery of damages of 11 lakhs for breach of contract with interest at the rate of 24% per annum by reason of loss and damages suffers and caused by breach of contract by the defendant vessel. The factual element we will refer shortly hereafter but presently be it noted that against the refusal to entertain the suit and the consequent dismissal of the same before the learned trial Judge, the plaintiff moved the appellate forum in the High Court but having failed to obtain the relief the petition for special leave under Article 136 has been moved before this Court and this Court at the admission stage itself upon issuance of notice and upon the grant of leave as appears hereinbefore proceeded to deal with the issue without much of procedural formalities.
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