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Search Results for "admiralty jurisdiction"

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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 Priority Payment of Crew Wages and Expenses as Sheriff's Expenses from Sale Proceeds of Arrested Vessel. The court held that wages paid to crew members and expenses incurred by P&I Correspondent for necessities after arrest are Sheriff's expenses and rank in priority over other claims.

18 Jan 2023

The case involves an interim application filed by crew members (Applicant Nos. 1 to 44) and the P&I Correspondent (Applicant No. 45) seeking to treat ...

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

High Court of Karnataka Disposes Admiralty Suit as Settled Between Parties. Mutual Settlement Reached in Claim for Unpaid Wages and Arrest of Vessel M.V. Maharshi Mahatreya.

5 Jul 2016

The petitioner, Sri. Rajkiran Sadanand Raikar, filed a civil petition under Sections 9 and 26 read with Order 7 Rule 1 of the Code of Civil Procedure,...

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 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 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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