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.