Ocean Liner Llc, A Foreign Company ... vs M.V. Golden Progress A Foreign Flag ... on 25 January, 2007
Equivalent citations: 2007(2)ARBLR104 ... plaintiffs are charterers of vessel for carriage of cargo. M.V. Golden Progress the first defendant is a foreign flag vessel and was lying
this Court in J.S. Ocean Liner LLC vs. m.v.
Golden Progress and Anr.3 (hereinafter referred to as Golden Progress) has
noted that ... held by the Full
Bench of this Court in Golden Progress (Supra), it does not mean that
plaintiff will be rendered remediless mainly because
matter
of J.S. Ocean Liner LLC V/s. m.v. Golden Progress & anr. 2 (Golden
Progress) has held that an action ... obtaining security pending arbitration can be allowed.
Mr. Ramabhadran submitted that Golden Progress (supra) judgment is
not applicable in the present facts of the case
this Hon'ble Court in
the matter of MV Golden Progress reported in 2007 (2)
Mh.L.J. 410. The plaintiff prays that ... reliance upon J.S. Ocean Liner LLC vs. m.v.
Golden Progress (Supra)1 to file this suit or continue with security is
misplaced
Bombay) (FB) J.S. Ocean Llc. Vs.
m.v. Golden Progress & Anr. and, therefore, the matter was
referred to a Full Bench of this ... Bombay) (FB), J.S. Ocean LLc. vs.
m.v. Golden Progress & Anr.
( 2) AIR 2011 SC 2649 Fuerst Day Lawson Ltd. vs. Jindal
Exports
Bombay) (FB) J.S. Ocean Llc. Vs.
m.v. Golden Progress & Anr. and, therefore, the matter was
referred to a Full Bench of this ... Bombay) (FB), J.S. Ocean LLc. vs.
m.v. Golden Progress & Anr.
( 2) AIR 2011 SC 2649 Fuerst Day Lawson Ltd. vs. Jindal
Exports
case of J.S. Ocean Liner LLC Vs.
M.V. Golden Progress & anr. (2007) 2 BCR 1, held that such an action ... this Court in J.S. Ocean Liner LLC Vs. M.V.
Golden Progress & anr., (2007) 2 BCR 1 followed the above
judgments and held
this Court in J.S. Ocean Liner LLC vs. M.V.
Golden Progress & Anr.2 , the International Convention
on Arrest of Ships ... aforesaid
decision in J.S. Ocean Liner LLC vs. M.V. Golden Progress & Anr.2 and
particularly made the following pertinent observations in para
Ocean Liner LLC v. M.V. Golden Progress and Anr .
17. On the other hand Mr. Pratap learned Counsel appearing for plaintiffs has invited
Court will adopt the procedure
devised by the Full Bench in Golden Progress (Supra). Until
such time as the owner has entered appearance and
submitted
