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Sunil B. Naik vs Geowave Commander on 9 March, 2018

The plaintiffs have also made averments that on behalf of the defendant vessel, its master, owner, manager, operator, the MEDS approached the plaintiffs for supply of the bunkers and pursuant to the orders placed by MEDS, the bunkers were supplied to the vessel which were received without any objection by the master / Chief Engineer of the defendant vessel and the plaintiffs issued invoices for the price of the bunkers on account of the defendant vessel, master, owner, charterer and the operator. No written statement is filed to deny Page 34 of 51 Downloaded on : Fri Aug 02 22:20:52 IST 2019 C/AS/49/2018 IA ORDER such averments. In such view of the matter, it prima facie appears to the Court that even if it is accepted that the charter party expired by afflux of time, the maritime claims against the vessel will not disappear and the suits have to be tried for adjudicating the claims made therein and cannot be dismissed as not maintainable. The Court finds that the suits are also not required to be dismissed on the basis of decision in the case of Sunil B. Naik (supra) as the facts therein were different that the facts in the present cases.
Supreme Court of India Cites 28 - Cited by 12 - S K Kaul - Full Document
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