Suit Title: Sadharan Biman Corporation vs. Bangladesh Shipping Corporation & others [43 DLR (1991) 322]
Judge: Mozammel Haque.
Date of Judgment: June 12, 1990.
Under Section: 10 of the Code of Civil Procedure, 1908
Stay of suit: No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in Bangladesh having jurisdiction to grant the relief claimed, or in any Court beyond the limits of Bangladesh established or continued by the Government and having like jurisdiction, or before the Supreme Court.
Explanation.-The pendency of a suit in a foreign Court does not preclude the Court in Bangladesh from trying a suit founded on the same cause of action.
Under Order VΙΙ Rule X of the Code of Civil Procedure, 1908
Return of Plaint: (1) the plaint shall at any stage of the suit be returned to be presented to the court in which the suit should have been instituted.
(2) Procedure on returning plaint: On returning a plaint the judge shall endorse thereon the date of its presentation & return, the name of the party presentating it, & a brief statement of the reasons for returning it.
Under Section: 6 of the Admiralty Court Act, 1861
As to claims for damage to cargo imported: The High Court of Admiralty shall have jurisdiction over any claim by the owner or consignee or assignee of any bill of lading of any goods carried into any port in England or Wales in any ship, for damage done to the goods or any part thereof by the negligence or misconduct of or for any breach of duty or breach of contract on the part of the owner, master, or crew of the ship, unless it is shown to the satisfaction of the court that at the time of the institution of the cause any owner or part owner of the ship is domiciled in England or Wales: Provided always, that if any such cause the plaintiff do not recover twenty pounds, he shall not be entitled to any costs, charges, or expenses incurred by him therein, unless the judge shall certify that the cause was a fit one to be tried in the said court.
Short description of the suit: The plaintiff instituted the present suit on 16.6.84 claiming a decree for compensation for an amount of Tk. 1, 81, 250, and 00 against the defendant No 1 namely the Bangladesh Shipping Corporation, sadharan Bima Corporation is the plaintiff and the principle defendant is Bangladesh Shipping Corporation.
This plaintiff has invoked the admiralty jurisdiction of this court for a decree of Tk. 1,81,250,00 on the allegations that the proforma-defendant No 3 imported 10 drums of folic acid and 103 drums of Aspirin as pharmaceutical raw materials, and the said cargo was carried by the vessel M.V. Banglar kallol belonging to defendant No 1 petitioners after arrival of the vessel at chalna on or about 6.6.83 the cargo was discharged and from subsequently survey it appeared that there was a damage and or loss of 62 kgs of raw materials worth Tk. 1,81,400,50. Accordingly, the proforma defendant No 3 who was the importer submitted its claim to the carried, namely, the defendant No. 1 petitioner for payment of Tk. 1,81,400,50 as compensation, but without any result ultimately, the proforma defendant No. 3 lodged its claim to the present plaintiff, namely, insurer and ultimately the plaintiff paid an amount of Tk. 1,81,250,00 to the proforma defendant No. 3 Now the plaintiff who is the insurer has filed the present suit against the defendant No. 1 claiming the afore said amount which it paid to the proforma defendant No. 3.
Principle of the suit: - Locus standi to invoke Admiralty Jurisdiction- Only the owner of consignee or assignee of the bill of lading of any goods may claim damages against the owner, master or crew of the ship. The plaintiff insurer having satisfied neither of these descriptions they have no Locus standi to invoke the jurisdiction of the Admiralty Court.