Xavjudice’ 24 XAVJUDICE’24 TEAM CODE:

MEMORIAL ON BEHALF OF THE APPELLANT

TABLE OF CONTENTS

TABLE OF CONTENTS...............................................................................................................1

LIST OF ABBREVIATIONS........................................................................................................2

INDEX OF AUTHORITIES..........................................................................................................3

STATEMENT OF JURISDICTION..............................................................................................5

ISSUES RAISED...........................................................................................................................6

SUMMARY OF ARGUMENTS...................................................................................................7

ARGUMENTS ADVANCED.......................................................................................................8

PRAYER........................................................................................................................................9

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Xavjudice’ 24 XAVJUDICE’24 TEAM CODE:
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LIST OF ABBREVIATIONS
Sec. Section

Art. Article

SCC Supreme Court Cases

AIR All India Reporter

& And

CrPC Code of Criminal Procedure, 1973

IPC Industan Penal Code, 1860

No. Number

v. Versus

Hon’ble Honourable

Ld. Learned

SCR Supreme Court Reporter

SLP Special Leave Petition

Ed. Edition

Ors. Others

U.O.I. Union of India

Pg. Page

SC Supreme Court

HC High Court

Vol. Volume

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Xavjudice’ 24 XAVJUDICE’24 TEAM CODE:
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INDEX OF AUTHORITIES

Statutes Referred:

Books Consulted:

Cases Cited:

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Xavjudice’ 24 XAVJUDICE’24 TEAM CODE:
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STATEMENT OF JURISDICTION

CRIMINAL APPEAL NO. OF 2024

The Appellant most humbly and respectfully submits before the Hon’ble Court that:

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STATEMENT OF FACTS

BACKGROUND

ABCL is a company incorporated under the Companies Act, 2013, having its registered office
in Vizag, Andhra Pradesh and its corporate office in Delhi. The primary business of the ABCL
company is to provide storage services to various Oil and CNG gas companies in India. 2. In
2016, ABCL started its new subsidiary company under the provisions of the Companies Act,
2013, namely SBCL having its offices in Cochin, Kerala. The primary business of SBCL is to
provide throughput and bottling services for CNG to various CNG companies operating within
South India. 3. For the purpose of operating the business, SBCL has set up machineries at
Cochin Oil Jetty-X (COJ-X) and Cochin Oil Jetty-Y (COJ-Y). SBCL has employed 376
employees in Cochin office including employees working at Port, i.e., Cochin Port for the
purpose of carrying out their operations. 4. In 2014, ABCL purchased a specially designed
equipment known as Naval Loading and Unloading Arm (hereinafter referred to as “NLA”)
from one Japanese vendor manufacturing this specially designed equipment. ABCL purchased
two such NLA’s. The main function of the NLA was to unload the Propane and Butane from
the vessel and transfer the same to the tanker for storage. After the Propane and Butane is
transferred it is then mixed in fixed proportions for the manufacturing of CNG. The cost of one
NLA equipment at the time of purchase was INR 8 Crores. The transportation and installation
of the said NLA takes time of around 10 months as it is transported in parts and needs to be
assembled at the location under the supervision of Expert Engineers. 5. On 1 st October, 2017,
SBCL entered into an exclusive service provider agreement with COOP Company (CNG
company provides CNG for domestic and commercial purposes) to provide throughput services
to COOP for the period of next 50 years from the date of agreement, i.e., upto 1 st October,
2067 through COJ-X and COJ-Y. The plant has the facility to receive bulk CNG by pipeline
from a reliable source or any area and as per clause 2(f) of the Agreement throughput service
means “Throughput Services including the berthing and unloading of CNG carriers , storage
and regasification of CNG.” 6. SBCL has raised an invoice against COOP of Rs. 70 Crores for
providing throughput services between January 2022 to December 2022. Again, SBCL has
raised an invoice of Rs. 90 Crores for providing throughput services between January 2023 to
December 2023. 7. On 2 nd January, 2024, one foreign vessel name OFX 209093 registered in
Singapore was sailing towards the COJ-X to discharge the cargo for one company. However, at
around 03:45 PM when the vessel discharged the said cargo while it was berthing, it hit NLA of
SBCL which was stationed at berth no. 15 at COJ-X. It was subsequently established that the
collision occurred due to the vessel being improperly parked and the boom of the crane that was
on the vessel had hit the NLA of SBCL at COJ-X. The accident resulted in bending of the NLA
and ultimately the NLA was broken in two parts and became completely non-operational from
the date of incident. 8. The Terminal-in-charge of SBCL inspected the NLA after the incident
and found that it was completely damaged. It was assessed by the management of SBCL that
they will not be able to provide throughput services to COOP from COJ-X due to the damaged
NLA. This incident would cause the company a loss of approximately Rs. 45 Crores in revenue,
on the assumption that total revenue for providing throughput services was Rs. 90 Crores
between January 2023 to December 2023. Additionally, the damage to the NLA would cause a
loss of around 20 Crores as the cost of NLA increase significantly since its purchase and hence

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Xavjudice’ 24 XAVJUDICE’24 TEAM CODE:
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the price may go on the higher side. 9. The management of SBCL decided to sue the foreign
vessel for the

SUMMARY OF LEGAL PROCEEDINGS INITIATED

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Xavjudice’ 24 XAVJUDICE’24 TEAM CODE:
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ISSUES RAISED

I. Whether the High Court has jurisdiction to entertain the Suit and pass the Orders?

II. Whether the Respondent vessel was negligent due to which incident dated 2nd January
2024 took place?

III. Whether the damages claimed for the loss of business falls under the doctrine of
remoteness of damages?

IV. Whether the Respondent can take a defence that they are not liable for the Cost of
Replacement of damaged NLA as Insurance company is under obligation to provide
such cost?

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 Xavjudice’ 24 XAVJUDICE’24 TEAM CODE:
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SUMMARY OF ARGUMENTS

I. WHETHER THE H I G H C O U R T H A S J U R I S D I C T I O N T O E N T E R T A I N
THE SUIT AND PASS THE ORDERS?

II. WHETHER THERESPONDENT VESSEL WAS NEGLIGENT DUE TO WHICH

III. WHETHER THE DAMAGES CLAIMED FOR THE LOSS OF BUSINESS FALLS
UNDER THE DOCTRINE OF REMOTENESS OF DAMAGES

IV. WHETHER THE RESPONDENT CAN TAKE A DEFENCE THAT THEY ARE NOT
LIABLE FOR THE COST OD REPLACEMENT OF DAMAGED NLA AS INSURANCE
COMPANY IS UNDER OBLIGATION TO PROVIDE SUCH COST?

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PRAYER

Wherefore in the light of the issues raised, arguments advanced and authorities cited, the
Appellant humbly prays that this Hon’ble Court may be pleased to adjudge and declare that:

And pass any other order, direction, or relief that the Hon’ble Court may deem fit in the
interests of justice, equity and good conscience.

All of which is humbly prayed.

Counsels for the Appellant

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