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Search Results for "arrest of vessel"

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High Court

Bombay High Court Allows Appeal in Admiralty Suit — Vessel Arrest Set Aside for Lack of Same Beneficial Ownership. The court held that the arrest of a vessel under admiralty jurisdiction requires proof that the vessel is in the same beneficial ownership as the charterer liable for the claim, and mere common control or management is insufficient.

9 Dec 2019

The case involves a commercial appeal filed by Rainbow Ace Shipping S.A. Panama, the registered owner of the vessel M.V. Rainbow Ace, against an order...

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 Dismisses Admiralty Suit for Suppression of Facts and Abuse of Process — Arrest of Vessel Set Aside with Return of Security. Plaintiff suppressed filing of proceedings in Hong Kong and China, leading to dismissal of suit and release of security.

31 May 2013

The plaintiff, Sinoriches Enterprises Co. Ltd., filed Admiralty Suit No.76 of 2011 in the Bombay High Court seeking a decree and arrest of the vessel ...

High Court

Bombay High Court Dismisses Appeal Against Vacation of Vessel Arrest in Maritime Claim for Necessaries and Hire. Court holds that under the Admiralty Act, 2017, a demise charterer is not the owner for the purpose of arrest, and a claim for necessaries does not give rise to an action in rem against a vessel owned by a third party.

10 May 2013

The appellant, Sunil B. Naik, filed an appeal against the order of the learned Single Judge dated 17 April 2013 vacating the arrest of the vessel Geow...

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

Bombay High Court Vacates Arrest of Vessel GEOWAVE COMMANDER for Lack of Ownership Link — Plaintiff's Claim Against Charterer Does Not Justify Arrest of Vessel Owned by Third Party. The court held that the plaintiff's misleading statements regarding ownership of the vessel vitiated the ex parte arrest order, and the vessel could not be arrested for a claim against a bareboat charterer when the owner was a different entity.

17 Apr 2013

The plaintiff, Yusuf Abdul Gani, sole proprietor of Jumbo Offshore Enterprises, filed an admiralty suit against the vessel GEOWAVE COMMANDER (GC) seek...

High Court

Bombay High Court Dismisses Appeal Against Arrest of Vessel in Admiralty Suit for Maritime Claim Under Charterparty. Court Holds That Dispute Regarding Existence of Intermediary Charterer Does Not Defeat Plaintiff's Prima Facie Case for Arrest of Vessel.

8 Dec 2011

The appellants (Defendants 1 and 2) challenged the order of the learned single Judge of the Admiralty Court dated 19 October 2011, which dismissed the...

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 Admiralty Suit for Recovery of Repair Costs Against Sister Vessel of Owner. The court held that a maritime claim for necessaries supplied to sister vessels can be enforced by arresting a vessel owned by the same owner under admiralty jurisdiction.

18 Jul 2005

The plaintiff, M/s. Five Ocean Ship Repairing & Marine Services LLC, filed an admiralty suit against the vessel MT 'SYMPHONY 1' (ex. MT 'ARABIAN LADY'...

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...

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