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Search Results for "admiralty law"

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High Court

Bombay High Court Allows Seafarer's Wage Claim Against Vessel in Admiralty Suit — Wages for Chief Engineer on Two Vessels Held to be Maritime Lien with Priority Over Other Claims Under Merchant Shipping Act, 1958. Seafarer's claim for unpaid wages and statutory compensation under Section 129 of the Merchant Shipping Act, 1958 constitutes a maritime lien with high priority, recoverable from sale proceeds of the vessel.

5 Jul 2019

The plaintiff, Jagdish Singh Bhadauria, a seafarer and Chief Engineer, filed an admiralty suit against the vessel Bharati S (IMO 8122103) and the Offi...

High Court

Bombay High Court Allows State of Goa's Claim for Port Services as Admiralty Claim Against Vessel Sale Proceeds. Port Authority's Services to Vessel in Distress Constitute Maritime Claim with Priority Over Other Claims.

7 Jun 2018

The plaintiff, State of Goa through Captain of Ports, filed an admiralty suit claiming recovery of Rs. 1,31,60,000/- for services rendered to the vess...

High Court

Bombay High Court Holds Sheriff's Poundage Payable on Settlement Amounts in Admiralty Suits — Admiralty Jurisdiction — Sheriff's Fees — Table of Fees under Bombay Court Fees Act, 1959 — Court ruled that poundage is payable on the amount for which the vessel is released, including settlement sums, and not merely on the value of the vessel as per the warrant of arrest, and that the Sheriff is entitled to poundage even if the suit is settled before actual sale, as the Sheriff's services in effecting arrest and maintaining custody are rendered.

17 Jan 2018

The Bombay High Court addressed two unrelated admiralty suits tagged together to decide a common issue regarding the payment of poundage to the Sherif...

High Court

Bombay High Court Allows Transfer of Arrested Vessel for Cargo Discharge and Repairs Subject to Security and Undertakings. Head Owners Granted Permission to Move M.T. Everrich 8 from Ennore to Haldia, with Conditions to Protect Plaintiff's Claim and Court's Jurisdiction.

14 Sep 2015

The case involves a Notice of Motion filed by the head owners of the vessel M.T. Everrich 8 (the Applicant) seeking transfer of the vessel from the po...

High Court

Bombay High Court Dismisses Application to Set Aside Arrest of Vessel in Admiralty Suit for Bunker Supply Debt. The court held that the supply of bunkers to a vessel constitutes a maritime claim under the Admiralty Act, 2017, and the vessel can be arrested in rem even if the bunkers were supplied on credit to the charterers.

16 Apr 2014

The plaintiff, Georim Oil Corporation, a Korean company, supplied bunkers (fuel) to the vessel M.V. Flag Mersinidi, a Greek-flagged vessel, at the por...

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 ...

High Court

Bombay High Court Orders Return of Security in Admiralty Suit for Lack of Sister Ship Relationship. Security furnished for arbitration claim cannot be retained when the vessel arrested is not a sister ship of the vessel for which services were provided.

21 Feb 2014

The plaintiff, Condor Maritime Dienstleistung GmbH & Co. KG, filed an admiralty suit against m.v. Western Light and its owners (defendants) claiming m...

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 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 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...

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