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Search Results for "admiralty sale"

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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

Bombay High Court Declares Payments Made by Company in Liquidation Void Under Section 536(2) of Companies Act, 1956 and Orders Refund. Payments made after winding up order to caterer without court approval are void, and the caterer must repay with interest.

14 Jan 2020

The Official Liquidator of M/s. GOL Offshore Limited (in liquidation) filed OLR No. 139 of 2018 under Section 536(2) of the Companies Act, 1956, seeki...

High Court

Bombay High Court Dismisses Motion to Vacate Arrest of Indian Flag Vessel for Maritime Claim for Necessaries. Claim for necessaries is a maritime claim under admiralty law, and Indian courts have jurisdiction over Indian flag vessels.

9 Jun 2015

The case involves a Notice of Motion filed by Amrut Dredging and Shipping Limited, a third party purchaser, seeking to vacate the arrest of the vessel...

High Court

High Court of Bombay Dismisses Applications to Vacate Arrest of Vessels in Bunker Supply Disputes Involving Insolvent Intermediary. Maritime Claim for Bunkers Supplied to Vessel Held Enforceable In Rem Despite Lack of Privity Between Supplier and Owner.

15 Apr 2015

The High Court of Bombay heard two notices of motion filed by the defendants in two admiralty suits seeking to vacate the arrest of their vessels. The...

High Court

Bombay High Court Directs Mortgagee Bank to Fund Essential Supplies to Arrested Vessel Pending Judicial Sale — Priority of Supply Claims as Sheriff's Expenses. The court held that the mortgagee bank must bear the cost of preserving the arrested vessel and such expenses rank first in priority over all other claims.

11 Feb 2014

The Plaintiff, Coromandel International Limited, filed an Admiralty Suit against the vessel m.v. GLORY I and its owners, Andromeda Ship Holdings Ltd.,...

High Court

Bombay High Court Dismisses Appeal by Mortgagee Bank in Admiralty Suit Regarding Priority of Claims Over Vessel Sale Proceeds. Court Has Power to Fix Time Limit for Filing Claims Against Sale Proceeds to Ensure Finality and Expeditious Distribution.

30 Nov 2012

The appellant, Sparebanken Sogn Og Fjordane, a Norwegian bank, filed an admiralty suit against the vessel M.V. Bos Angler and its owners seeking enfor...

High Court

Bombay High Court Allows Plaintiff's Motion for Determination of Priority of Claims Against Sale Proceeds of Arrested Vessel in Admiralty Suit. The court directed that the order of priority of claims against the sale proceeds shall be determined after the expiration of a period specified by the court and that a notice inviting claims be published under Sub-rule 951(3) of the Bombay High Court Rules.

19 Oct 2012

The plaintiff, Sparebanken Sogn og Fjordane, a Norwegian bank, filed an admiralty suit against the vessel m.v. BOS ANGLER and its owner Bos Angler AS,...

High Court

Bombay High Court Allows Appeal Against Vacation of Vessel Arrest in Admiralty Suit for Bunker Supply Claim. The court held that the Single Judge erred in vacating the arrest and directing security without proper findings of mala fides.

27 Apr 2010

The appellant, Chemoil Adani Pvt. Ltd., filed an admiralty suit against the vessel m.v. Hansa Sonderburg and its owners for recovery of dues for suppl...

High Court

Bombay High Court Allows Admiralty Suit for Bunker Supply Claim Against Foreign Vessel. Supply of bunkers to vessel 'LIMA II' held to be a maritime claim within admiralty jurisdiction, and arrest of vessel justified.

8 Nov 2006

The plaintiff, Jupiter Denizcilik Tasimacilik Mumessillik San. Ve Ticaret Limited Sirketi, a Turkish company engaged in the supply of bunkers, filed a...

High Court

Bombay High Court Allows Referral of Admiralty Suit to Arbitration Under Section 45 of Arbitration and Conciliation Act, 1996 — Arbitration Agreement Enforceable Despite Admiralty Claim. The court held that the existence of an arbitration agreement between parties mandates referral of the dispute to arbitration, and the admiralty suit cannot proceed in court.

6 Jul 2005

The judgment concerns two arbitration petitions filed under Section 45 of the Arbitration and Conciliation Act, 1996, seeking referral of an admiralty...

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