| Citation(s) |
|---|
| 2001 SLG 85 2001 SLD 85 = 2001 YLR 319 |
A.D.M. Suits Nos.2 and 3 and Civil Miscellaneous Applications Nos.608 and 609 of 2001 , heard on 21st March, 2001.
Mushir Alam, J
Haji MUHAMMAD YOUNUS---Plaintiff
VERSUS
m. v. VICTOR KURNATOVSKIY through Master or any person in charge of the Vessel and another--- Defendants
Law:
Section:
The controversy that has come up in this case as a result of an order passed by me on an application moved by the plaintiff being C.M.A. 549 of 2001, under section 152 read with section 15, C.P.C. whereby, following orders without notice to the defendants were passed on 9-3-2001: "This is an application under section 152 read with section 151, C.P.C. Vide order, dated 3-3-2001, the plaintiffs were directed to furnish security to the tune of US. Dollar 4,32,400 against the claim of detention charges. It is contended by learned counsel for the plaintiff that the vessel is one and the same and both the suits i.e. Suit No.2 of 2001 (Haji Muhammad Youns v. M.V. Victor Kurnatovskiy and another) and Suit No.3 of 2001 (Haji Muhammad Younus v. M.V. Victor Kurnatovskiy and others) if the security in the above referred sum is furnished by both the plaintiffs in two suits separately it will amount to duplication of the same security. Such detention charges if at all are ordered to be paid, the same would be payable by both the plaintiffs in equal proportion. The contention appears to be justified. Therefore, the order, dated 3-3-2001 stands modified only to the extent of furnishing security in the above referred amount by both the plaintiff jointly. The listed application stands disposed of in view of the above terms" When the plaintiff approached the Nazir of this Court to furnish security, the defendants resisted such efforts and promptly made the application for the recall of the above order, giving rise to present controversy. Brief resume of the background ill be necessary to appreciate the respective continuous of both the parties. Suit was filed under the Admiralty Jurisdiction of this Courts, by the plaintiff, %\ ho is consignee/holder of bill of lading, in respect of a consignment of 8000 metric tons of Indian White Sugar on board M.V. Victor Kurnatovskiy (defendant No. 1) It was alleged in the plaint that the said consignment is not being delivered despite letter of indemnity (LOI) and bill of lading (B/L). Claim for damages with the permission of the Court, in the sum of Rs.2,55,000 U.S. $ by way of…