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Supreme Court of India 2022-09-23 allowed

OWNERS AND PARTIES INTERESTED IN THE VESSEL M.V. POLARIS GALAXY vs BANQUE CANTONALE DE GENEVE

Bench: 2 — Indira Banerjee, A. S. Bopanna

In Brief

The Supreme Court addressed whether an appeal lay to a High Court's Commercial Appellate Division from an order adding a party to an Admiralty suit. The Respondent Bank financed a fuel transaction through Gulf Petroleum FZC, which was later found to involve fraud. The Bank sued as holder of the Bill of Lading for cargo mis-delivery. The trial court ordered Gulf Petroleum added as a necessary party; the Division Bench reversed this. The Court held that orders adding parties under the CPC are not appealable under the Admiralty Act. It reaffirmed that Gulf Petroleum FZC was a proper and necessary party to the suit. The appeals were allowed, and the Division Bench's judgment was set aside.

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Admiralty Law Maritime Law Carriage of Goods by Sea Bills of Lading Commercial Courts Appellate Jurisdiction Civil Procedure Party Joinder Fraud

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