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Search Results for "admiralty suits"

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High Court

Bombay High Court Dismisses Defendant's Application for Security for Costs in Admiralty Suit — No Frivolous or Vexatious Conduct Found. The court held that the power to order security for costs under Order XXV CPC is discretionary and should not be exercised merely because the plaintiff is a foreign company, especially when the suit is not frivolous and security for the claim has already been furnished.

8 Apr 2014

The defendant, owner of the vessel m.t. CHEM LILY, filed a Notice of Motion seeking an order directing the plaintiff, Alpha Oil International, to depo...

High Court

Bombay High Court Dismisses Admiralty Suit for Pure Economic Loss Without Physical Damage — Claim for Production Loss Due to Vessel Grounding Held Not Maintainable in Tort of Negligence. Defendant Vessel Owner Not Liable as No Duty of Care Owed to Jetty Owner for Purely Economic Loss.

9 Jun 2014

The plaintiff, owner of a captive jetty and PVC resin plant, filed an admiralty suit against the defendant vessel, claiming production loss of Rs. 12,...

High Court

Bombay High Court Hears Admiralty Suit for Recovery of Value of Goods Lost Due to Non-Issuance of Bill of Lading. Claim Against Vessel Owner and Agent for Breach of Duty Under Carriage of Goods by Sea Act is Examined.

9 Aug 2005

This admiralty suit was filed by the plaintiff, Geetanjali Woollen Pvt. Ltd., seeking recovery of US$ 57,860 with interest for the loss of export good...

High Court

Bombay High Court Allows State's Appeal Against Waiver of Sheriff's Poundage in Admiralty Suit — Sheriff Entitled to Poundage Even if Warrant Not Executed. Court Holds That Sheriff's Right to Poundage Accrues on Issuance of Warrant of Arrest, Not Its Execution, Under Section 48 of the Bombay Court Fees Act, 1959.

6 Jul 2022

The State of Maharashtra, through the Sheriff of Mumbai, appealed against an order of a learned Single Judge of the Bombay High Court dated 17th July ...

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 Recovery Suit Against Carrier for Short Delivery of Pharmaceutical Cargo Under Carriage of Goods by Sea Act, 1925. Carrier Held Liable for Missing Cartons Despite Claim of Limited Liability as Value Was Declared in Bill of Lading.

9 Sep 2005

The plaintiffs, M/s. Unique Pharmaceutical Laboratories, filed a suit for recovery of Rs. 11,32,583/- with interest against the defendants, M/s. Stalc...

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 Restores Summary Suits Dismissed for Want of Prosecution, Imposing Costs for Non-Compliance with Directions. Non-Resident Indian Plaintiffs' Explanation of Travel Commitments Accepted as Sufficient Cause for Restoration.

3 Dec 2014

The plaintiffs, Nakul Arun Jagjivan and Nayan Arun Jagjivan, filed summary suits against Ram V. Tyagrajan and another defendant, claiming recovery of ...

High Court

Bombay High Court Dismisses Suit for Short Delivery in Multimodal Transport Due to Limitation Under Carriage of Goods by Sea Act, 1925. The court held that the suit filed beyond one year from delivery was time-barred and plaintiff failed to prove short delivery.

8 Aug 2017

The plaintiff, M/s. Assobhai Bhanji and Sons, a registered partnership firm engaged in import and export of dairy and agro products, filed a suit agai...

High Court

Bombay High Court Dismisses Application to Condone Delay in Filing Written Statement in Commercial Suit — Mandatory 120-Day Limit Under Commercial Courts Act, 2015 Applies. Court holds that the proviso to Order VIII Rule 1 CPC as amended by Section 16 of the Commercial Courts Act, 2015 is a special provision for commercial disputes and overrides the Bombay High Court Original Side Rules, 1980.

10 Jun 2024

The case involves a Notice of Motion filed by the defendants (applicants) in a commercial suit before the Bombay High Court, seeking to quash the orde...

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