Search Results for "Vessel Maintenance Contract"

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Search Results for "Vessel Maintenance Contract"

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High Court

Bombay High Court Allows Appeal in Admiralty Suit for Arrest of Vessel — Sets Aside Ex-Parte Order of Arrest for Non-Disclosure of Material Facts. Court holds that a plaintiff seeking arrest of a vessel must make full and frank disclosure of all material facts, including the existence of an arbitration agreement and the vessel's status as a River-Sea Vessel under the Merchant Shipping Act, 1958.

19 Aug 2022

The case involves an appeal by the defendants, MT Pamboor 2 (the vessel) and Shiny Shipping & Logistics Private Limited, against an ex-parte order of ...

High Court

High Court of Bombay Dismisses Appeal in Commercial Dispute Over Arbitral Award on Repairs and Interest. The court upheld the Single Judge's order setting aside findings on repairs as perverse and reduced interest rate from 18% to 9% per annum.

18 Aug 2022

The appeal under Section 37 of the Arbitration and Conciliation Act, 1996, was filed by Interocean Shipping (India) Pvt Ltd against an order of the le...

High Court

Bombay High Court Grants Interim Relief to Charterer in Arbitration Dispute Over Vessel Collision - Directs ONGC to Release Withheld Invoices and Maintain Status Quo on Bank Guarantee. The court held that the petitioner made out a strong prima facie case for interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, as the contract did not permit withholding of payments for the collision incident.

6 Jun 2022

The petitioner, Ocean Sparkle Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief pending ...

Supreme Court

Supreme Court Allows Appeal in Marine Insurance Dispute — Insurer Cannot Deny Coverage for Breach of Institute Classification Clause Without Proving Assured's Privity. Insurer's Withdrawal of General Average Guarantee and Refusal to Issue Salvage Security Amount to Deficiency in Service Under Consumer Protection Act, 1986.

7 Feb 2020

The appellant, a partnership firm importing steel coils, obtained a Marine Cargo Cover Note from the respondent insurer on 14.5.2010 for a voyage from...

High Court

Bombay High Court Allows Insurance Company's Appeal in Marine Insurance Claim Dispute, Reduces Compensation. Court holds that the trial court had territorial jurisdiction but reduces the awarded amount due to errors in calculation of damages and interest.

16 Jan 2020

The New India Assurance Co. Ltd. appealed against the judgment and decree dated 30th April 2013 passed by the Civil Judge, Senior Division, Panaji in ...

Supreme Court

Supreme Court Allows Appeal in Sales Tax Dispute Over Time Charter Agreement — Holds That Time Charter Is a Service Contract, Not Transfer of Right to Use Goods. The Court ruled that a time charter does not involve transfer of possession or control, thus not taxable under Section 5C of Karnataka Sales Tax Act, 1957.

4 Dec 2019

The appellant, The Great Eastern Shipping Co. Ltd., owned a tug named 'Kumari Tarini' and entered into a Time Charter Agreement dated 8.1.1998 with th...

High Court

Bombay High Court Allows Contractor's Appeal in ONGC Arbitration Dispute Over Conversion Rate for Reimbursement of Spares and Consumables. Court Holds That Arbitral Tribunal's Determination of Conversion Rate Was Not Patently Illegal and Did Not Warrant Interference Under Section 34 of the Arbitration and Conciliation Act, 1996.

31 Jul 2015

The case involves two appeals arising from a common order dated 19 September 2005 passed by a learned Single Judge of the Bombay High Court under Sect...

High Court

Bombay High Court Dismisses Appeal Against Vacation of Arrest of Vessel in Maritime Claim — Charterer's Bareboat Charter Terminated Before Arrest, Vessel Not Owned by Charterer at Time of Arrest. The court held that the arrest of vessel Geowave Commander was invalid as the vessel was not owned by the charterer M/s. Reflect and the sister ship provision under the Admiralty Act did not apply.

10 May 2013

The appellant, Yusuf Abdul Gani, sole proprietor of Jumbo Offshore Enterprises, filed an appeal against the order of the learned Single Judge dated 17...

High Court

High Court of Bombay Dismisses ONGC's Challenge to Arbitral Award in Vessel Maintenance Contract Dispute — No Interference Under Section 34 of Arbitration Act as Award Not Found to be in Conflict with Public Policy or Patent Illegality. The court upheld the arbitral tribunal's interpretation that the respondent was not liable for pre-existing HOTO defects, as the contract did not impose such liability.

18 Oct 2010

The petitioner, Oil & Natural Gas Corpn. Ltd. (ONGC), challenged an arbitral award dated 2nd April, 2008 under Section 34 of the Arbitration and Conci...

High Court

Bombay High Court Dismisses Insurance Company's Challenge to Stamp Duty Demand on Marine-cum-Erection Policies. Policies for construction of rigs classified as Sea Insurance under Article 47A(ii) of Indian Stamp Act, 1899.

7 Jun 2006

The petitioners, Oriental Insurance Co. Ltd. and its Divisional Manager, challenged a demand for stamp duty on six insurance policies issued in favor ...

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