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Bombay High Court Allows Petition Against Port Trust for Refusing Remission of Demurrage Charges. Port Trust's Own Guidelines for Remission When Detention by Customs for Bonafide Operations Must Be Followed.

The petitioner, M/s. Rasiklal Kantilal & Co., a partnership firm engaged in import of goods including zinc ingots and copper wire bars, filed a writ p...

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Bombay High Court Dismisses Summons for Judgment in Summary Suit for Unpaid Freight Charges Due to Triable Issues. Oral assurance of credit period and freight prepaid arrangement creates disputed questions of fact requiring trial under Order 37 CPC.

The plaintiffs, IAL Logistics India, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against defendants Quantum Interna...

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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.

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...

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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.

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...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Defence Transport Contract Dispute. Contractor Held Liable for Loss Despite Alleged Insistence by Respondent on Unsuitable Trailer.

The petitioner, Shiv Ganga Transport Private Limited, entered into a contract with the respondent, the President of India through the Commandant, Emba...

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Bombay High Court Allows Appointment of Sole Arbitrator in Multimodal Transport Dispute — Arbitration Clause in Bill of Lading Held Valid and Binding. The court applied the prima facie test under Section 11(6A) of the Arbitration and Conciliation Act, 1996, and appointed a retired judge as arbitrator.

The applicant, Nagreeka Indcon Products Pvt. Ltd., a manufacturer of aluminium foil containers, sought appointment of a Sole Arbitrator under Section ...