https://www.scribd.com/doc/249720002/maersk-adalat-order-op-239-pdf
The
Permanent Lok Adalat at Ernakulam has in its Order dtd.25.11.2014 held that the
Law and Jurisdiction clause in a bill of lading which confers jurisdiction on
the English High Court of Justice in London will exclude the jurisdiction of
the Permanent Lok Adalat to entertain the matter.
The
Judgment of the Supreme Court of India in British India Steam
Navigation V. Shanmughavilas Cashew Industries and others reported in
1990 SCC (3) 481 was followed by the Permanent Lok Adalat in its Order.
The
Order was passed dismissing a petition filed by the consignee claiming return of
amounts collected by the carrier at the discharge port towards demurrages and
detention charges.
The
Order is significant in view of the wide powers conferred on Permanent Lok
Adalats to adjudicate disputes in case, parties are not able to arrive at a
mediated settlement. The affirmation by the Supreme Court and various High
Courts of the said power of the Permanent Lok Adalats has lead to its frequent invocation against shipping lines. Contentions rasied by shipping lines that they are not a "public utility service" falling within Section 22A (b) (i) of the
Legal Services Authorities Act, 1987 and that disputes arising out of contracts
for Carriage of Goods by Sea do not fall within transport service for carriage
of goods by water as defined in the above section of the Legal Services
Authorities Act, have not met with success so far. The contention that the
subject matter of the Complaint in a carriage of goods by sea dispute based on
a bill of lading involves complex questions of Contract, which require
elaborate evidence and hence is not fit for a summary trial and disposal in a Permanent Lok Adalat has
also not met with approval. That the subject
matter of the such Complaints involve complex questions of Contract, which
require elaborate evidence and hence is not fit for a summary trial and
disposal is a reason to exclude the jurisdiction of permanent lok adalats in
such matters. That
substantial court fee which would otherwise have been payable under the general civil law
in a civil suit need not be paid while filing a complaint before the Adalat is
an attraction to by pass civil courts.
It is in the above legal scenario that the Order dtd.25.11.2014 of the Permanent Lok
Adalat, Ernakulam, rendered by Mr. D. Pappachan, Chairman (former District Judge) and Mr. Johns Darrel dismissing the petition based on the 'Law and Jurisdiction'
clause in the bill of lading, assumes relevance.
(The complete Order
can be accessed from the link above.)
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