Search Results for "Merchant's Shipping Act 1958"

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Search Results for "Merchant's Shipping Act 1958"

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High Court

Bombay High Court Quashes Port Trust's Demand for Damages as Unauthorized Detention of Vessel — No Power Under Major Port Trusts Act to Withhold Port Clearance for General Damages Claims. Port Trust's claim for damages from explosion and fire on vessel not covered under Section 116 of Major Port Trusts Act, 1963, hence cannot detain vessel.

28 Aug 2014

The petitioners, Hanjin Shipping Co. Ltd. (a Korean company) and its agent Samudra Marine Services Pvt. Ltd., filed a writ petition under Article 226 ...

High Court

Bombay High Court Considers Admiralty Suit for Vessel Arrest and Collision Damages Involving Two Vessels at Marmugao Port. The Court was seized of a claim for damages of Rs.13,33,70,000 arising from alleged negligent collision and a counter claim seeking limitation of liability under Merchant's Shipping Act, 1958.

17 Jul 2025

The matter was an admiralty suit filed in the Bombay High Court's Admiralty and Vice Admiralty jurisdiction by V.M. Salgaocar and Bro. Ltd., owner of ...

High Court

High Court of Judicature at Bombay Adjudicated Interim Application for Summary Judgment in Commercial Admiralty Suit Seeking Recovery of Port, Berthing, Salvage, and Associated Charges Against a Vessel. Summary Judgment Sought Under Order XIII-A Read with Order XII Rule 6 of Code of Civil Procedure, 1908 for Rs.9,37,19,098 with Interest at 18% Per Annum on Ground That Claims Were Admitted/Undisputed and Defendants Had No Real Prospect of Successfully Defending.

3 Jan 2022

The present matter was an Interim Application filed before the High Court of Judicature at Bombay in its Admiralty and Vice Admiralty Jurisdiction. Th...

High Court

Bombay High Court Dismisses Application to Set Aside Arrest of Foreign Vessel in Admiralty Suit — Plaintiffs' Claim for Supply of Bunkers and Stores Falls Within Admiralty Jurisdiction Under Section 4(1) of the Admiralty Act, 2017.

11 Feb 2014

The plaintiffs, Universal Marine and Ramanand Padiyar, filed an admiralty suit against the vessel M.T. Hartati (a Singapore-flagged vessel) and its ma...

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

Divison Bench of Bombay High Court Reserved Judgment in Admiralty Appeal on Quantum of Security for Release of Arrested Vessel M.V. Nordlake; Order of Single Judge Requiring Full-Claim Security Challenged. The appellant foreign ship-owner contended that under the International Convention on Arrest of Ships, 1999 and Rule 954 of the Bombay High Court (Original Side) Rules, security should be limited to the vessel's value of Rs.47 crores, while the respondent Union of India argued that security must cover the full claim of Rs.1058 crores.

7 Mar 2012

The appeal arose from collision between the first defendant vessel, M.V. Nordlake, and the naval vessel INS Vindhyagiri near Mumbai on 30 January 2011...

High Court

High Court of Bombay Considers Motion to Set Aside Arrest of Vessel in Admiralty Suit: Arrest of M.V. Rainbow Ace Challenged on Ground of Non-Establishment of Common Beneficial Ownership Between Vessel Owner and Defaulting Charterer. Defendant Vessel Owner Asserts No Common Beneficial Ownership with Charterer, Seeking to Vacate Ex-Parte Arrest Order in Maritime Claim for Damages Under Voyage Charterparty.

6 May 2013

In the High Court of Judicature at Bombay, Admiralty and Vice Admiralty jurisdiction, the applicant, owner of the vessel M.V. Rainbow Ace, filed a not...

High Court

Bombay High Court Dismisses Admiralty Suit for Lack of Jurisdiction in Collision Case — Cause of Action in Goa, Not Bombay. Vessel Registration Alone Does Not Confer Jurisdiction Under Section 6 CPC and Letters Patent.

18 Mar 2015

The plaintiffs, V.M. Salgaocar & Bros. Ltd., filed an admiralty suit in the Bombay High Court claiming damages of Rs.13,33,70,000/- with interest for ...

High Court

Bombay High Court Overrules Res Judicata Objection in Admiralty Limitation Suit; Prior Withdrawal of Application Before Chinese Court Does Not Bar Fresh Suit Under Code of Civil Procedure, 1908.

8 Jan 2016

The dispute arose from a voyage of the vessel M.V. YURIY ARSHENEVSKIY, owned by Murmansk Shipping Company, a Russian entity, which was chartered to ca...

High Court

High Court of Judicature at Bombay Addresses Requirement of Leave Under Section 446 of Companies Act, 1956 and Applicability of IBC Moratorium in Admiralty Proceedings. Court Considers Whether Admiralty Suits Are Affected by Company Liquidation Under Section 446 of Companies Act, 1956 and Moratorium Under Section 14 of Insolvency and Bankruptcy Code, 2016 in Light of Competing Claims of Maritime Creditors and Operation of Insolvency Law.

19 May 2020

The proceedings arose from multiple admiralty suits filed before the High Court of Judicature at Bombay, wherein orders of arrest of defendant vessels...

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