Mrs. Sujata V. Manohar, J. - (1.) Leave granted.
(2.) World Tanker Carrier Corporation (hereinafter referred to as the 'WTCC') is the appellant in these appeals. WTCC is a foreign company registered in Monrovia, Liberia. It is the owner of a vessel m.t. "New World". The vessel is registered in Hong Kong. On 21st of December, 1994, New World was involved in a collision with a vessel M. V. "YA Mawlaya" in international waters 200 nautical miles of the coast of Portugal. YA Mawlaya is a vessel registered in Cyprus. It is owned by M/s. Kara Mara Shipping Company Ltd. (hereinafter referred to as 'Kara Mara'), a company registered in Cyprus. The said company is referred to variously in these proceedings as disponent owner/charterer of Ya Mawlaya. On 20th October, 1994, Kara Mara sold the vessel Ya Mawlaya to Vestman Shipping Company Ltd., a company registered in Cyprus. Kara Mara thereafter became bare boat charterers of Ya Mawlaya. Prior to the sale of the said vessel, Kara Mara had entered into a management agreement dated 11th of April, 1994 with SNP Shipping Services P. Ltd. (hereinafter referred to as 'SNP'), a company registered in India for the management of the vessel Ya Mawlaya. According to the appellant, on the sale of the said vessel, Kara Mara's agreement with SNP came to an end. On the other hand, it is claimed by SNP that under the said management agreement they were put in charge of recruiting crew and officers of the said vessel. SNP entered into a sub-contract with one Holbud Ship Management Company Ltd. for the commercial management of the said vessel. Under this agreement, Holbud ship Management Company Ltd. were in charge of booking cargo and collection of freight in respect of the said vessel. Holbud Ship Management Company is a company registered in the United Kingdom. Its holding company Holbud Ltd. is also a company registered in England. Thus in respect of the vessel Ya Mawlaya which is a foreign vessel registered in Cyprus, all persons and/or companies claiming ownership rights either as owners or as charterers, managers or sub-managers are foreign companies save and except SNP which is a company registered in Bombay, India. The vessel New World with which it collided and its owners are also foreigners/foreign companies.
(3.) As a result of the collision which took place between New World and Ya Mawlaya off the coast of Portugal on 21st of December, 1994, eight crew members of the vessel New World died. There were injuries to some of the crew members and there was damage to both the vessels. There was also damage to the cargo. At the time of collision Ya Mawlaya was carrying a cargo of soyabeans belonging to the Italian firm of Cereol Italia SRL which had been loaded on the vessel in New Orleans, United states of America. New Orleans was the last port of call of Ya Mawlaya before the collision. On 3rd January, 1995 Kara Mara took proceedings in Lisbon, Portugal in which New World was arrested. It was released on a letter of guarantee for US $ 10,073,000 by WTCC's P and I Club Britannia on 18th January, 1995.;