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Search Results for "admiralty suits"

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High Court

Bombay High Court Allows Mortgagee's Suit for Arrest and Sale of Vessel in Admiralty Jurisdiction — Mortgage Debt Secured by Vessel Held Enforceable Despite Change of Ownership. The court held that a valid mortgage creates a maritime lien enforceable in rem, and subsequent change of ownership does not affect the mortgagee's rights.

18 Jul 2005

The plaintiffs, Dallah Albaraka Investment Co. Ltd., filed an admiralty suit in the Bombay High Court seeking enforcement of a mortgage over the vesse...

High Court

Bombay High Court Adjudicates Application by Merchant Vessel Owner to Limit Liability Under Part XA of Merchant Shipping Act Following Collision with Indian Navy Vessel. The Court Examined Whether the Right to Limit Liability is Absolute and Whether the Owner’s Alleged Negligence or Recklessness Could Defeat the Limitation.

17 Feb 2023

The present proceedings arose out of a collision on 30 January 2011 between the merchant vessel M.V.Nordlake, owned by the German-incorporated Plainti...

High Court

Bombay High Court Allows Appeal in Admiralty Suit for Arrest of Vessel — Holds That a Beneficial Owner of a Vessel Can Be Considered a 'Person Interested' Under Section 5 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017. The Court set aside the impugned order and allowed the appellant to file an affidavit of disclosure of interest in the vessel.

8 Mar 2023

The appeal was filed by Angsley Investments Limited, a company incorporated in St. Vincent and the Grenadines, against an order dated 28th March 2006 ...

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 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 Allows Release of Sale Proceeds to Decree Holder in Admiralty Execution — Priority of Claim Over Subsequent Attachments. The court held that a decree holder in an admiralty suit is entitled to the sale proceeds of the judgment debtor's vessels lying in court, and such proceeds cannot be attached by other creditors without a prior order of interpleader or garnishee.

10 Oct 2025

The Applicant, Valimohamed Hasher Khakhra, filed an Interim Application in Execution Application No. 623 of 2024 seeking a direction to the Prothonota...

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 Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

20 Feb 2014

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

High Court

Bombay High Court Considers Interim Application for Judgment on Admissions in Admiralty Suit. Plaintiff Seeks Relief Under Order XII Rule 6 of Code of Civil Procedure, 1908, Alleging Admissions by Defendants.

4 Apr 2025

The present matter concerns an interim application filed by the plaintiff, Raj Transport and Trading Company, in the pending Admiralty Suit No. 17 of ...

High Court

Bombay High Court Dismisses Plaintiff's Claim for Short Delivery of Urea Due to Lack of Title to Sue Under Bill of Lading. Plaintiff Not a Party to Bill of Lading and Cannot Maintain Admiralty Action for Short Landing.

18 Mar 2014

The plaintiff, Dreymoor Fertilizers Overseas Pte. Ltd., filed an admiralty suit against the vessel m.v. Theoforos-1 claiming short delivery of 520.30 ...

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