Supreme Court of India
Owners and Parties Interested in the Vessel M.V. Polaris Galaxy v. Banque Cantonale De Geneve
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that the Division Bench erred in law in allowing the appeal from the order of the Comm ercial Division (Single Judge) adding Gulf Petroleum as party defendant to the suit.
Judgment, page 37
From the headnote
Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 – s.14 – Code of Civil Procedure, 1908 – Or.1 r.10(2 ) – Commercial Courts Act, 2015 – Whether an appeal lie s to the Commercial Appellate Division of the High Court from an order of the Commercial Division (Single Bench) of the same High ourt for addition of a party, in an Admiralty Suit governed by the Admiral ty Act – Held: No – An order for addition of a party u/Or.1 r .10(2) of the CPC is not appealable u/s.14 of the Admiralty Act –Maritime Laws. Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 –
Authorities it was built on
- 1990 Ashoka Marketing Ltd. and Anr. Etc. Etc. v. Punjab National Bank and Ors. Etc. Etc.
- 1992 M.V. Elisabeth and Ors. v. Harwan Investment and Trading Pvt. Ltd., Hanoekar House, Swatontapeth, Vasco-de-gama, Goa
- 2018 Kandla Export Corporation & Anr. v. M/s Oci Corporation & Anr.
- 1994 Anil Kumar Singh v. Shivna Th Mishra @ Gadasu Guru
Where later benches applied it
Of those, 1 mentioned
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