Search Results for "maritime claims"

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Search Results for "maritime claims"

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High Court

Bombay High Court Allows Appeal Against Condition of Security for Vacating Arrest of Cargo in Admiralty Suit - Cargo Owner Not Liable for Demurrage and Port Charges as They Are Not Party to Contract of Carriage

23 Mar 2010

The appellant, Best Food International Pvt. Ltd., filed an appeal under Clause 15 of the Letters Patent against an order dated 4th February 2010 passe...

High Court

Bombay High Court Hears Writ Petition Challenging Grant of Alewadi Port Project to Third Party Under Maharashtra Maritime Board Policies. Petitioner Alleges Arbitrary Treatment and Non-Consideration of Original Proposal Contrary to Port Policies.

13 Oct 2017

The dispute concerns the development of a multipurpose port at Alewadi in Maharashtra under the state's port policies. Petitioner, a UK-based private ...

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 Directs Plaintiff to Bear Costs of Discharge and Storage of Arrested Cargo in Admiralty Suit. The court held that a party who secures an order of arrest of cargo cannot insist that the shipowner bear the costs of discharging and storing the cargo, as the shipowner is not a party to the arrest and the cargo is in custodia legis.

27 Jun 2016

The case involves a Notice of Motion filed by the owner of the vessel m.v. Ocean 39 (the ship interests) seeking directions against the plaintiff, Cup...

High Court

Bombay High Court Allows Appeal in Admiralty Suit for Arrest of Vessel — Sets Aside Ex-Parte Order of Arrest for Non-Disclosure of Material Facts. Court holds that a plaintiff seeking arrest of a vessel must make full and frank disclosure of all material facts, including the existence of an arbitration agreement and the vessel's status as a River-Sea Vessel under the Merchant Shipping Act, 1958.

19 Aug 2022

The case involves an appeal by the defendants, MT Pamboor 2 (the vessel) and Shiny Shipping & Logistics Private Limited, against an ex-parte order of ...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Charter Party Demurrage Dispute — Upholds Arbitrator's Interpretation of Laytime and Demurrage Clauses. Court holds that Section 34 of Arbitration and Conciliation Act, 1996 does not permit reappreciation of evidence or correction of errors of law unless award is patently illegal or perverse.

15 Jul 2011

The petitioners, M/s. Puyvast Chartering B.V. (owner) and M/s. Puyvast Maritime India Ltd. (agent), challenged an arbitral award dated 28 February 200...

High Court

Bombay High Court Considers Limitation Plea in Suit Alleging Fraud and Late Delivery of Goods Shipped Under Bill of Lading. Defendants Seek Dismissal of Suit on Grounds of One-Year Limitation Period Under Article III(6) of the Carriage of Goods by Sea Act, 1925.

24 Mar 2006

(1) Background: The plaintiff, a Korean company, entered into a contract with Indian exporters for the purchase of cold rolled steel sheets to be ship...

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 Dismisses Petitions Challenging Arbitral Award in Charter Party Dispute — Award Upheld as Not Contrary to Public Policy. Court Refuses to Interfere with Arbitrator's Findings on Demurrage and Hire Charges Under Section 34 of Arbitration and Conciliation Act, 1996.

6 Jun 2011

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award da...

High Court

Bombay High Court Allows Fishermen Cooperative's Petition Against Demolition of Fishermen Huts in Coastal Zone. Court Holds That Traditional Fishing Communities Have Customary Rights to Occupy Foreshore Land for Livelihood, Subject to Environmental Clearances Under CRZ Notification, 2011.

12 Aug 2021

The petitioner, Mariyayi Macchimaar Sahkari Sanstha Maryadit, a cooperative society of traditional fishermen, filed a writ petition challenging the pr...

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