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Search Results for "Admiralty"

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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 Plaintiff's Claim for Short-Landed Cargo Due to Lack of Evidence and Limitation. The court held that the plaintiff failed to prove that the consignment was loaded on board the vessel and that the suit was barred by limitation under the Indian Carriage of Goods by Sea Act, 1925.

27 Sep 2013

The plaintiff, Wallace Pharmaceuticals Pvt. Ltd., filed a suit for recovery of US$154,000 representing the CIF value of 40 drums of Lincomycin HCL BP ...

High Court

Bombay High Court Sets Aside Arrest of Vessel in Admiralty Suit for Lack of Maritime Claim — Charterer's Claim for Sub-Charterer's Expenses Not a Maritime Lien. The court held that a claim for damages arising from a sub-charterer's expenses due to arrest of the chartered vessel by a third party does not constitute a maritime claim under the Admiralty Act, 2017, and the vessel cannot be arrested for such a claim.

6 Jun 2016

The case involves a Notice of Motion filed by the Applicant, the owner of the vessel M.V. AODABAO (Defendant No. 1), seeking to vacate the order of ar...

High Court

Bombay High Court Allows Appeal in Wrongful Arrest of Vessel Case — Duty to Mitigate Under Section 73 Contract Act Does Not Apply to Undertaking Under Rule 941 of Bombay High Court (Original Side) Rules, 1980. The court held that the undertaking under Rule 941 is a contractual obligation independent of the duty to mitigate damages, and the plaintiff must pay damages as per the undertaking without reduction for failure to mitigate.

5 Nov 2014

The case involves an appeal by Rainbow Ace Shipping S.A., the owner of the vessel MV Rainbow Ace, against an order of the learned single Judge of the ...

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 Vessel in Admiralty Suit for Bunker Supply Debt. Bunker Suppliers Have Maritime Lien Under Indian Law and Admiralty Court Has Jurisdiction to Arrest Vessel for Necessaries Supplied.

8 Jul 2014

The plaintiff, Rushab Ship International LLC, filed an admiralty suit against the vessel M.V. African Eagle and others for recovery of USD 1,00,000 be...

High Court

Bombay High Court Allows Appeal in Admiralty Suit for Arrest of Vessel Based on Beneficial Ownership. Court holds that under the International Convention on Arrest of Ships, 1999, a maritime claimant can arrest a vessel beneficially owned by the same person who owns the charterer-debtor, even if the vessel is registered in a different name.

2 Jul 2013

The appellant, Lufeng Shipping Company Ltd., a Chinese company, had a maritime claim of US$ 1,628,658.07 against respondent No.2, Whim Star Chartering...

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 Allows Appeals Against Arrest of Vessel in Cargo Damage Claim — Maritime Lien Not Established. Bill of Lading Claim Does Not Give Rise to Maritime Lien; Owner Not Liable Due to Demise Clause.

11 Mar 2011

The case involves three appeals filed against an order of a learned single Judge of the Bombay High Court in Admiralty Suit No.27 of 1999. The suit wa...

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'...

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