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Search Results for "berth hire"

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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

Madras High Court Decrees Recovery of Port Charges in Favor of Chennai Port Trust Against Vessel Owner for Unpaid Berth Hire and Port Dues Under Major Port Trusts Act, 1963. The court held that the statutory charge under Section 64 of the Major Port Trusts Act, 1963 attaches to the vessel and the purchaser is liable for pre-existing dues, and waiver granted to previous owner is not binding on the plaintiff.

23 Jan 2026

The plaintiff, Board of Trustees of the Port of Chennai, filed a suit for recovery of Rs.1,08,84,931/- with interest at 15% per annum from the defenda...

High Court

Bombay High Court Dismisses Application to Set Aside Arrest of Vessel in Admiralty Suit for Bunker Supply Debt. Bunker Suppliers Have Maritime Lien Under Indian Law and Admiralty Court Has Jurisdiction to Arrest Vessel for Necessaries Supplied.

8 Jul 2014

The plaintiff, Rushab Ship International LLC, filed an admiralty suit against the vessel M.V. African Eagle and others for recovery of USD 1,00,000 be...

High Court

High Court of Judicature at Bombay Adjudicated Interim Application for Summary Judgment in Commercial Admiralty Suit Seeking Recovery of Port, Berthing, Salvage, and Associated Charges Against a Vessel. Summary Judgment Sought Under Order XIII-A Read with Order XII Rule 6 of Code of Civil Procedure, 1908 for Rs.9,37,19,098 with Interest at 18% Per Annum on Ground That Claims Were Admitted/Undisputed and Defendants Had No Real Prospect of Successfully Defending.

3 Jan 2022

The present matter was an Interim Application filed before the High Court of Judicature at Bombay in its Admiralty and Vice Admiralty Jurisdiction. Th...

High Court

Bombay High Court Allows Appeal Against Vacation of Vessel Arrest in Admiralty Suit for Bunker Supply Claim. The court held that the Single Judge erred in vacating the arrest and directing security without proper findings of mala fides.

27 Apr 2010

The appellant, Chemoil Adani Pvt. Ltd., filed an admiralty suit against the vessel m.v. Hansa Sonderburg and its owners for recovery of dues for suppl...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Demurrage Dispute. Charter Party Agreement's Demurrage Clause Upheld as Petitioner Failed to Prove Excepted Perils.

21 Dec 2012

The petitioner, Steel Authority of India Limited (SAIL), challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, ...

High Court

Madras High Court Allows Appeal in Commercial Dispute Over Berth Reservation Agreement — Restores Arbitral Award. Court Holds That Arbitral Tribunal's Findings on Limitation and Merits Were Not Perverse and Did Not Warrant Interference Under Section 34 of the Arbitration and Conciliation Act, 1996.

13 Mar 2026

The appellant, M/s.X-Press Container Lines (UK) Ltd., entered into a Berth Reservation Agreement with the respondent, the Board of Trustees of the Por...

High Court

Madras High Court Considers Appeal Against Order Setting Aside Arbitral Award in Berth Reservation Dispute. Court Examines Whether the Claim Was Barred by Limitation and Whether the Award Was Patently Illegal Under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996.

13 Mar 2026

The judgment of the Madras High Court in OSA (CAD) No. 39 of 2021 involved an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, a...

High Court

Bombay High Court Dismisses Appeals Against Arbitral Awards in Charter Party Disputes — Umpire's Appointment by Consent Valid, No Grounds for Setting Aside Award Under Section 34 of Arbitration and Conciliation Act, 1996. The court held that the umpire's appointment was with consent and the award was not liable to be set aside on grounds of error of law or fact.

2 Dec 2013

The case involves three appeals filed by the Union of India and the Food Corporation of India against orders of a learned Single Judge dismissing thei...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Dredging Contract Dispute — Interest Award Modified and Counterclaim Allowed. The court held that the arbitral tribunal's award of interest from the date of the award rather than from the date of the claim was contrary to Section 31(7)(a) of the Arbitration and Conciliation Act, 1996, and that the rejection of the employer's counterclaim for demobilization costs under Clause 73(1) was perverse.

15 May 2020

The judgment concerns two cross petitions under Section 34 of the Arbitration and Conciliation Act, 1996 challenging a majority arbitral award arising...

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