MCA/1166/2008 1/6 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR TRANSFER No. 1166 of 2008 With MISC.CIVIL APPLICATION No. 1167 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ===================================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ===================================================== RELIANCE INDUSTRIES LIMITED - Applicant(s) Versus NEW INDIA ASSURANCE COMPANY LIMITED & 2 - Opponent(s) ===================================================== Appearance : MR KS NANAVATI with RS SANJANWALA for Applicant(s) 1 MR MIHIR THAKOR for AM HAVA for Opponent(s) : 1, MS PAURAMI SHETH for Opponent(s) : 2, MR VIBHUTI NANAVATI for Opponent(s) : 3, ===================================================== CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 22/08/2008 MCA/1166/2008 2/6 JUDGMENT ORAL JUDGMENT 1. As common question of law and facts arise in both these applications, they are being disposed of this common order. 2. M.C.A. No. 1166 of 2008 is filed by the petitioner-original plaintiff of Civil Suit No. 414 of 1999, pending in the Court of learned Civil Judge, (S.D), Surat, under 24 of the Code of Civil Procedure to transfer the same to this Court for further trial by this Court along with Admiralty Suit No. 5 of 1998. M.C.A. No. 1167 of 2008 is also filed by the aforesaid petitioner-original plaintiff of Special Civil Suit No. 455 of 1999, pending in the Court of learned Civil Judge, (S.D.), Surat under Section 24 of the Code of Civil Procedure to transfer the same to this Court for further trial by this Court along with Admiralty Suit No. 5 of 1998. 3. Shri K.S. Nanavati, learned Senior Advocate appearing for the petitioner has submitted that MCA/1166/2008 3/6 JUDGMENT petitioner along with Gujarat Maritime Board (GMB) have filed Admiralty Suit No. 5 of 1998 before this Court against the Vessel "Motor Tanker Emerald Sky" IMO No. 8702147 owners and all persons interested in the said Vessel contending inter alia that the collusion with the SPM was a consequence of negligence on the part of the defendant of the said suit. It is further submitted that the plaintiff submitted their claim with the respective Insurance Companies and as the claim has not been accepted by the respective Insurance Companies, the petitioners have filed aforesaid two Civil Suits in the Court of learned Civil Judge, (S.D.), Surat. It is submitted that the respondents have filed their written statements and also filed an application under Section 10 read with Section 151 of the Code of Civil Procedure for stay of the further proceedings in the suit contending that the as common issues, law and fact arise in the Admiralty Suit No. 5 of 1998 filed and pending before this Court and the said application is also pending. It is submitted that in view of the above, the dispute and controversy involved in the aforesaid two suits would be common MCA/1166/2008 4/6 JUDGMENT in the Admiralty Suit No. 5 of 1998 also and, therefore, it is requested to transfer the aforesaid two suits to this Court to be heard with Admiralty Suit No. 5 of 1998. 3. Shri Mihir Thakor, learned Senior Advocate has appeared for New India Assurance Company Ltd., and Miss. Paurami Sheth, learned advocate has appeared for Oriental Insurance Company Ltd., and Shri Vibhuti Nanavati, learned advocate has appeared for United India Insurance Company Ltd., respondent No.2 in M.C.A. No. 1167 of 2008. All the learned advocates have jointly submitted that they would not have any objections, if aforesaid two suits are transferred to this Court to be heard with Admiralty Suit No. 5 of 1998. However, Shri Mihir Thakor, learned Senior Advocate appearing for New India Assurance Company Ltd., has submitted that the question with regard to whether aforesaid two suits are required to be consolidated in Admiralty Suit No. 5 of 1998 and / or which proceedings are required to be heard first, may not be decided at this stage and the said question be kept open, to be decided by the appropriate Court. MCA/1166/2008 5/6 JUDGMENT Shri K.S. Nanavati, learned Senior Advocate for the respective applicants has also agreed that all the aforesaid questions be kept open, to be decided by the appropriate Court, taking up such matters. 4. In view of the above, both these applications deserves to be allowed and the aforesaid two suits are required to be transferred to this Court to be heard with Admiralty Suit No. 5 of 1998. Accordingly, both the present applications being M.C.A. Nos. 1166 of 208 and 1167 of 2008 are allowed. It is ordered to transfer Special Civil Suit No. 414 of 1999 and Special Civil Suit No. 455 of 1999, pending in the Court of learned Civil Judge (S.D.), Surat to this Court to be heard with Admiralty Suit No. 5 of 1998 pending before this Court. However, it is made clear and observed and as agreed by the learned advocate for the respective parties that the questions whether both the aforesaid suits are to be consolidated with Admiralty Suit No. 5 of 1998 and / or which proceedings are to be heard first, are kept open and the same be decided by the appropriate Court taking up such matters and this Court has not expressed any MCA/1166/2008 6/6 JUDGMENT opinion with respect to the same. 5. Rule is made absolute, accordingly in each of the applications. In the facts and circumstances, there shall be no order as to cost. (M.R. Shah, J.) Kaushik