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    <title>2001 (11) TMI 1050 - BOMBAY HIGH COURT</title>
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    <description>Unpaid insurance premia for a ship were treated as necessaries supplied under section 5 of the Admiralty Courts Act, 1861, because modern shipping practice makes P&amp;I cover commercially essential and the claim therefore constituted a maritime claim. An order refusing to reject the plaint under Order 7 Rule 11(a) CPC was held appealable as a preliminary judgment with finality for Clause 15 purposes. However, the plaint failed to disclose a cause of action against the arrested vessel because it did not properly plead legally recognised beneficial ownership or sister ship liability; mere control through a subsidiary was insufficient, so rejection as against that vessel was warranted.</description>
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    <pubDate>Wed, 28 Nov 2001 00:00:00 +0530</pubDate>
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      <title>2001 (11) TMI 1050 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=285858</link>
      <description>Unpaid insurance premia for a ship were treated as necessaries supplied under section 5 of the Admiralty Courts Act, 1861, because modern shipping practice makes P&amp;I cover commercially essential and the claim therefore constituted a maritime claim. An order refusing to reject the plaint under Order 7 Rule 11(a) CPC was held appealable as a preliminary judgment with finality for Clause 15 purposes. However, the plaint failed to disclose a cause of action against the arrested vessel because it did not properly plead legally recognised beneficial ownership or sister ship liability; mere control through a subsidiary was insufficient, so rejection as against that vessel was warranted.</description>
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      <pubDate>Wed, 28 Nov 2001 00:00:00 +0530</pubDate>
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