SNP SHIPPING SERVICES PRIVATE LIMITED Vs. WORLD TANKER CARRIER CORPORATION

JUDGEMENT

(1.) THE plaintiffs have filed this suit seeking a two fold relief (a) decree in favour of the plaintiffs and against the defendants for a sum of Rs. 50 crores being the damages suffered by the plaintiffs and (b) for a declaration to the effect that plaintiffs being a company incorporated under the Companies Act, 1956 are exclusively owned and controlled by the second and third plaintiffs who are Indian Shareholders, citizens of India and are in no manner whatsoever linked, owned or controlled, legally or beneficially by the Merali family. Further declaration is sought to the effect that the legal and beneficial ownership of the vessels managed by the first plaintiffs vests with the entities/owners unconnected with the plaintiffs.

(2.) THE plaintiffs have taken out Notice of Motion No. 1663 of 1999 for an order of injunction restraining the defendants from making any further publication or claims in the media with regard to the unseaworthiness of the vessel m. v. YA MAWLAYA or to the effect that plaintiffs being an alter ego of Merali family. On the other hand, defendants have taken out Notice of Motion No. 1638 of 1999 for striking out the plaint as being unnecessary, scandalous, frivolous and vexatious and also being an abuse of the process of Court under Order 6, Rule 16 read with section 151 of the Code of Civil Procedure and Article 215 of the Constitution of India. The defendants have also taken out Notice of Motion No. 1272 of 1999 for dismissal of the suit under Order 7, Rule 11-A of the C. P. C. as being without jurisdiction. It is prayed that the issue of jurisdiction be decided as a preliminary issue.

(3.) THE first plaintiffs, SNP Shipping Services Pvt. Ltd. , are a Private Limited Company registered under the Companies Act, 1956 having its registered office in Mumbai, hereinafter referred to as "snp". The second and third plaintiffs are Indian citizens and carry on business in the name and style of the first plaintiff company. Second and third plaintiffs are the only Directors and shareholders and beneficial owners of the first plaintiff firm. The first defendants, World Tanker Carriers Corporation are a company registered in Monrovia, Liberia, hereinafter referred to as "wtcc". The vessel "new World" is owned by WTCC. This vessel is registered in Hongkong. It flies the flag of Hongkong, M. B. Malavia represents WTCC as their Constituted Attorney/recognised agent in Mumbai within the jurisdiction of this Court. The second defendants Company Eridania S. P. A. are a foreign company registered in Italy, hereinafter referred to as "cereol". Birendra Trivedi represents Cereol as their Constituted Attorney/recognised Agent in Mumbai.