Prudeta
Prudeta
2026 INSC 247
📌 Paras 2-5.10
Goltens Dubai (plaintiff) performed ship repairs for "Master Panos", incurring costs. Archean Industries (Defendant No. 1) chartered the vessel and agreed to pay US $100,000 of the freight directly to Goltens Dubai as partial discharge of the owner's liability. Archean instructed its banker, Canara Bank (Defendant No. 2), to remit this amount. However, Canara Bank erroneously remitted the funds to the vessel owner instead of Goltens Dubai. Goltens Dubai sued both Archean and Canara Bank. The Single Judge decreed the suit against Archean but dismissed it against Canara Bank. The Division Bench allowed an appeal, granting Archean a third-party decree against Canara Bank while upholding Archean's liability to Goltens Dubai.
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The bench further analyzed the constitutional validity of the impugned provisions and discussed the interpretation of Articles 14 and 21 in light of recent precedents...
Citing the ratio in prior decisions, the court held that the legislative intent was to ensure...
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