Bombay High Court
The State Of Maharashtra Through The ... vs Mv Msc Clementina (Imo No. 8511316) & 4 ... on 7 June, 2019
Author: K.R.Shriram
Bench: K.R.Shriram
1/3 COMAS-28-13(31).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY AND ORIGINAL CIVIL JURISDICTION
COMMERCIAL ADMIRALTY SUIT NO.28 OF 2013
The State of Maharashtra through
The Commissioner of Fishries ..Plaintiff
Vs.
MV MSC Clementina (IMO No.8511316) & ors ..Defendants
Mr. Pabitra Dutta i/b Bose and Mitra and Co. for Plaintiff
Mr. Rajedra Shahasane a/w Ms Aditi Chadha I/b Mr. Harsh G. Pratap for
Defendant Nos.1 and 5
Mr. Prashant Pratap, Senior Advocate a/w Mr. Nishaan Shetty I/b Ms Trupti
Agarwal for Defendant No.2
Mr. Manoj Khatri a/w Mr. Arnab Ghosh for Defendant No.4
CORAM : K.R.SHRIRAM, J.
DATE : 7th JUNE 2019 P.C.:
1 Counsel stated that pleadings in the suit is completed and issues are required to be settled. Heard counsel and the following issues are framed:
(1) Whether Plaintiff proves that they have parens-
patriae locus standi to file the suit on behalf of the affected fishermen?
(2) Whether Plaintiff proves that the suit claim or any part thereof is within limitation?
(3) Whether Plaintiff proves that they are entitled to arrest Defendant No. 1 vessel MSC Clementina for a claim in respect of the vessel mv MSC CHITRA? (4) Whether Plaintiff proves that Defendant No.1 is beneficially owned by Defendant No.1 and is entitled to pierce the corporate veil of Defendant no. 4 and 5?
Meera Jadhav
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(5) Whether plaintiff proves that there was destruction of marine aquaculture arising out of discharge of bunkers and the release of hazardous, noxious and/or dangerous substances from the vessel MV MSC Chitra ?
(6) Whether Plaintiff proves that the pollution was solely caused by the negligence of the Defendants/ their servants or agents on board mv MSC CHITRA and the master and/or crew of mv MSC CHITRA?
(7) Whether Defendants or any of them can be considered to be polluters and whether the principle of polluter pay is applicable to Defendants or any of them in the facts and circumstances of the case? (8) Whether plaintiff proves that defendants or any of them committed wrong and tortious act and the loss claimed by plaintiff is a direct and foreseeable consequence of a such wrong and tortious act ? (9) Whether plaintiff proves that suit proves that for compensation for loss of livelihood on account of a tortious act is maintainable in law? (Pure economic loss) (10) Whether Plaintiff proves that there was suspension of fishing activities for 15 days from 7 th to 22nd August 2010 on account of the oil spill and that it caused total loss of livelihood to fishermen and fish sellers in the amounts as claimed in paragraph 18 of the Plaint?
(11) Whether plaintiff proves that the quantum of compensation payable to fishermen is set out in particulars of claim in the sum of Rs.8,05,00,000/- together with interest thereon @ 18% p.a. and for what peiod ?
(12) What decree ? What order ?
Meera Jadhav
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2 On or before 21.06.2019 parties shall file their respective
affidavit of documents and serve a copy thereof upon the other side, failing which parties will not be permitted to rely on any document, copy whereof is not annexed to the plaint and/or written statement and mentioned in the list of documents annexed to the plaint and/or written statement. This will not, however, prevent a party from confronting a witness of another party with any document.
3 On or before 29.06.2019 inspection to be completed. If inspection is not given, such party will not be permitted to rely upon such document. On or before 06.07.2019 statement of admission and denial with reasons for denial to be exchanged. If the statement of admission and denial is not given, parties shall be deemed to have admitted the existence of all the documents of the other side.
4 On or before 25.07.2019 plaintiff to file their list of witnesses, affidavit in lieu of examination in chief of the first witness together with compilation of documents and serve a copy thereof upon defendant. 5 Stand over to 02.08.2019, at 3.00 p.m. for marking of documents/ recording of evidence on which date plaintiff's first witness shall remain present in Court.
(K.R. SHRIRAM, J.) Meera Jadhav ::: Uploaded on - 11/06/2019 ::: Downloaded on - 14/07/2019 16:48:16 :::