*1* chs.2009.09.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY & VICE-ADMIRALTY JURISDICTION CHAMBER SUMMONS NO.2009 OF 2009 IN ADMIRALTY SUIT NO.42 OF 2007 Flamingo Pharmaceuticals Ltd.. ..Plaintiff -Versus- M.V. Kota Perwira. ..Defendant -And- Kawasaki Kisen Kaisha Ltd.. ..Applicant (Proposed Defendant No.2). .......... Mr.Ashish Kamat i/b M/s A. Mehta Laljee & Company, for the Applicant (proposed Defendant No.2). Mr.K.R.Shriram, for the Plaintiff .......... CORAM : S.J. VAZIFDAR, J. DATE : 27th August, 2010. P.C. 1 This is a Chamber Summons for impleading the Applicant as Defendant No.2 in the suit. 2 According to the Applicant, the Defendant No.1 vessel was chartered to the Pacific International Lines (PIL). The said PIL, the Applicant and two other Companies entered into a Joint Service Agreement dated 11.03.2002 where-under they agreed to arrange for various vessels including the Defendant No.1 vessel for cargo trade. The partners of the consortium were entitled to slot allocation on the arranged vessels. Under the said agreement the party under whose Bills of Lading, the concerned cargo was carried was obliged to inter alia defend claims arising thereunder. 3 The Plaintiff admits that the Bills of Lading in respect whereof the suit has been filed were issued by the Applicant. The allegation was *2* chs.2009.09.sxw that the cargo represented by the Bills of Lading was wrongly handed over without the original Bills of Lading being furnished. 4 The Applicant admittedly furnished the security to avoid the arrest of the Defendant No.1 vessel. The Applicant, therefore, undoubtedly has a most crucial interest in the litigation. It was contended on behalf of the Plaintiff that the Applicant would be entitled to file the Written Statement on behalf of the Defendant No.1. Even assuming that to be so, to avoid any technicality in future on account of the fact that the Applicant is not the only one interested in the vessel in any capacity, this Chamber Summons ought to be allowed. 5 In the circumstances, the Chamber Summons is made absolute in terms of prayer clause (a) which reads thus:- “(a) that this Hon’ble Court be pleased to implead the Intervener/ Applicant/ Proposed Defendant No.2 as the party Defendant to the Suit.” 6 In view of the contentions raised by the Plaintiff, it is made clear that the Written Statement which will be filed by the Applicant shall also to be considered as a Written Statement filed by the Defendant No.1. 7 The Written Statement shall be filed by the Applicant on or before 31st October, 2010. The affidavit of documents, if any, to be filed within six weeks thereafter and the discovery and inspection forthwith thereafter. The suit to be fixed for framing the issues on 10th January, 2011. -