SANCHETI FOOD PRODUCTS LTD. Vs. REGISTRAR OF SHIPS & ORS.
LAWS(CAL)-1996-6-36
HIGH COURT OF CALCUTTA
Decided on June 07,1996

SANCHETI FOOD PRODUCTS LTD. Appellant
VERSUS
Registrar Of Ships And Ors. Respondents


Referred Judgements :-

BEAUDESERTSHIRE COUNCIL VS. B. SMITH [REFERRED TO]
NEEL ALIAS NIRANJAN MAJUMDAR VS. STATE OF WEST BENGAL [REFERRED TO]
K RAMADAS SHENOY VS. CHIEF OFFICERS TOWN MUNICIPAL COUNCIL UDIPI [REFERRED TO]
CIVIL RIGHTS VIGILANCE COMMITTEE VS. UNION OF INDIA [REFERRED TO]


JUDGEMENT

A.N. Ray, J. - (1.)THE suit has been against thee Union of India and three other defendants designed by their office for recovery of damages. The plaint is prolix. But in substance, the complaint of the plaintiff is that they bought from the Union of India in its Andaman and Nicobar Islands Administration three ships in or about the month of January, 1987, but because of the wrongdoings of the defendants, they were unable to ply or resell the vessels or earn profits. Thereby they have suffered loss, and they claim compensation. Thee vessels were admittedly bought at an auction which was attended by the plaintiff and it is in evidence that the price of all three vessels together was a little above Rs. 13 lakh. It is also not in dispute that none of the three vessels did in fact ply or earn any profit or was resold until the date of the filing of the suit.
(2.)THE plaintiff has claimed loss of profits in two ways. For the first period which goes even beyond the end of the year 1988, the plaintiff's case is that profits were not earned because the vessels, which were all wooden fishing trawlers, were not allowed to go out to fish. The plaintiff has claimed loss of profits at a certain rate, which is somewhat under Rs. 20,000/ - per day.
(3.)THE second head of loss of profits arises, according to the plaintiff, in this way. Not having been allowed to ply the vessels in Indian fishing waters, the plaintiff decided to sell off these vessels at a profit to a certain organization in Somalia, carrying the name of Botan. Even this venture of the plaintiff, according to them was abortive because of the wrongful actions of the defendants. Although the plaintiff had actually literally entered into a million dollar contract with the Somalian party, yet none of the vessels got sold because permission was again refused. The claim is therefore, for the loss of profits which the plaintiff would have earned had the vessels been sold at the agreed price, less of course, the expenses necessary for carrying out the plaintiff's part of the contract of sale, i.e., delivering the ships in good order to Botan at Somalia.
Before I go to the facts allegedly giving rise to the plaintiff's cause of action it is better to give a few facts about the trial of the case itself. The hearing has lasted over 55 days although it has not yet touched 60. The battle has been a hard fought one. The most experienced and learned Senior Counsel have themselves conducted, at least in part, the examination -in -chief and cross -examination and made arguments by delving into almost all possible Authorities on the issues which arose in the suit Such authorities almost equally range over the Indian and the English spectrum. It has been a great pleasure for me but the patience of the litigants must have been tried to the very end.

;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.