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Bombay High Court Dismisses Appeal in Admiralty Suit — No Additional Security Required for Vessel Release. Court held that the appellant/plaintiff was adequately secured by existing bank guarantee and security, and no rearrest or additional security was warranted under the Admiralty jurisdiction.

The case involves an appeal by HSH Nordbank AG (the original plaintiff) against an order dated 24 March 2014 passed by a learned Single Judge of the B...

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Bombay High Court Dismisses State's Appeal Against Order Permitting Withdrawal of Admiralty Suit and Release of Vessel — State Not a Party to Suit and Has No Locus Standi to Challenge Order Directing Payment of Sheriff's Poundage by Plaintiff.

The State of Maharashtra filed an appeal against an order dated 3rd March 2008 passed by a learned Single Judge of the Bombay High Court in Notice of ...

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Bombay High Court Dismisses State's Appeal Against Order Permitting Withdrawal of Admiralty Suit and Release of Arrested Vessel — State Not a Party to Suit, No Right to Challenge Consent Terms.

The State of Maharashtra filed an appeal against an order of the learned Single Judge dated 3rd March 2008 in Notice of Motion No.2565 of 2008 in Admi...

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Bombay High Court Dismisses Appeal Against Dismissal of Suit for Want of Jurisdiction in Contract Dispute Involving Foreign Company. Court Holds That No Cause of Action Arose Within Territorial Jurisdiction of Nagpur Court Under Sections 15 to 20 of the Code of Civil Procedure, 1908.

The appellant, M/s. Gupta Coal India Private Limited, a company registered under the Companies Act, 1956 and having its registered office in Nagpur, f...

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Bombay High Court Determines Sheriff's Poundage Payable on Settlement Amount in Admiralty Suit — Poundage Calculated on Amount Actually Realized Under Warrant of Arrest, Not on Claim Value.

The plaintiffs, Great Pacific Navigation (Holdings) Corporation Ltd., filed an Admiralty Suit against the vessel M.V. Tongil Yantai and its owners for...

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Bombay High Court Allows Execution of Consent Decree for Sale of Property Through Court in Partition Suit. Court Directs Issuance of Warrant of Sale and Appointment of Commissioner to Distribute Proceeds Equally Between Co-Owners.

The plaintiff, Shri Anant Narayan Kajrolkar, filed a praecipe in a pending execution application seeking production of papers and proceedings to enabl...

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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.

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...

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Bombay High Court at Goa Dismisses Petition for Injunction Against Auction of Barge in Admiralty Suit — Petitioners Failed to Establish Prima Facie Case for Ownership or Possession. The court held that the balance of convenience favored the respondents and no irreparable loss was shown.

The case involves a writ petition filed by Mrs. Mona Kapadia and Capt. Kenneth Khan against M/s Gammon India Limited and others, seeking to restrain t...