Law:

Section:

This is an application under Order 1, Rule 10(2) read with section 151, C.P.C. filed by the counsel for Defendant Nos. 3 and 4, who are Charterers with prayer for direction from the Court for striking off their names from the plaint, on the ground that in the Bill of Lading there is a Demise clause according to which contract is between shipper/consignee and the ship owners, who alone were liable. It is further stated in the application that at the time of shipment, Combined Master Certificate was issued according to which Master and Defendant No. 1 accepted liability for any contamination with lead of the suit consignment and in this context Demise clause specifically states that liability would be that of ship owners and the Master.

In this context stand taken by Defendant No. 2, who is owner of the vessel is that the vessel was given on seven years time charter to Defendant No. 3 and services of Master and the crew were placed at their disposal by the owners. The defendant No. 4 had full and effective control over the vessel which was employed by them for trading and they were actually and effectively in control of the management of the vessel including all loading and un-loading operations personally supervised by the port captain employed by them. Further defendant No. 3 concluded a Voyage Charter party with the shippers and pursuant thereto issued the relevant bills of lading, as such contract of carriage was between defendant No. 4 and shippers of the suit consignment. It was further averred in the said Counter-Affidavit filed on behalf of defendant No. 2 that Demise clause is beyond scope of Voyage Charter Party and not in accordance with the format of Bill of Lading which is violative of clause 24 thereof.