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Videsh Sanchar Nigam Ltd vs M.V. Kapitan Kud & Ors on 10 November, 1995

41. Mr. Kambhata, learned counsel for the plaintiffs then heavily relied on decision of the Supreme Court in Videsh Sanchar Nigam vs. M.V. Kapitan Kud.6 The international telecommunication cable laid by Viesh Sanchar Nigam were damaged by the vessel m.v. Kapitan Kud. The Nigam, therefore, filed suit claiming Rs.28 crores as damages from the defendant vessel. The vessel was arrested, but a Division Bench of this Court passed an order permitting the vessel to sail merely upon an undertaking to be given by the captain of the vessel belonging to a company owned by the Ukrainian Government. The Supreme Court set aside that order and, allowing the appeal, directed that the vessel be released only on the condition of depositing Rs.10 crores and undertaking to be given by the Ukrainian Government through its Ambassador to its Embassy in India in writing duly undertaking that in the event of the suit being decreed they would comply with the decree without reference to execution and the undertaking should be for the balance amount of Rs.18 crores and towards costs and other expenses roughly calculated at Rs.25 crores. However, value of the vessel which was arrested in the above case is not to be found in the judgment and, therefore, this judgment does not purport to throw light on the question which arises in the present case.
Supreme Court of India Cites 5 - Cited by 35 - K Ramaswamy - Full Document
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