NATIONAL CO LTD Vs. ASIA MARINER M S THE OWNERS AND PARTIES INTERESTED IN
LAWS(CAL)-1967-4-4
HIGH COURT OF CALCUTTA
Decided on April 20,1967

NATIONAL CO LTD Appellant
VERSUS
ASIA MARINER M S THE OWNERS AND PARTIES INTERESTED IN Respondents

JUDGEMENT

- (1.) ON January 16, 1967, M. S. Asia mariner, a Liberian vessel, was lying at anchor in the port of Calcutta. She had brought a cago of jute from Bangkok for national Company Limited, manufacturers of jute goods. They refused to take delivery of the cargo, brought an action in rem against the asia Mariner in the Admiralty Jurisdiction of this court and had her arrested.
(2.) THE owners of the vessel have moved the court for dismissal of the suit on the ground that! this court has no jurisdiction to entertain the suit in its Admiralty jurisdiction, for taking the; plaint off the file and for release of the vessel.
(3.) THE plaintiffs entered into a contract for purchase of 1000 long tons of Thai mesta jute, grade "c", crop 1966-1967 to be shipped from Thailand on or before November 30, 1966. Under the contract, the plaintiffs opened four letters of credit in favour of their shipper. In order to draw on the letters of credit, the shipping documents had to evidence shipment of the agreed quantity of Siam mesta jute, grade "c" crop 1966-1967 and shipments were to be made by November 20, 1966 which was subsequently extended to November 30, 1966.;


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