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november 1995

Supreme Court of India · 1995-11-10

VIDESH SANCHAR NIGAM LTD. vs M.V. KAPITAN KUD

Citation / case number
SC 1995/15770
Court
Supreme Court of India
Petitioner
VIDESH SANCHAR NIGAM LTD.
Respondent
M.V. KAPITAN KUD
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court addressed the appeal concerning the release of the commercial ship M/s. M.V. Kapita Kud, which was arrested under Admiralty jurisdiction following a cable fault attributed to the vessel's anchor. The Court emphasized the applicability of Section 140 of the Civil Procedure Code, 1908, and Section 9(1) of the Merchant Shipping Act, 1958, regarding the appointment of assessors in salvage cases. The Court upheld the Division Bench's decision to modify the single judge's order, thereby allowing the release of the vessel, while clarifying the procedural aspects of assessing liability in maritime disputes.

VIDESH SANCHAR NIGAM LTD. vs M.V. KAPITAN KUD · Niyam