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Search Results for "cargo damage"

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High Court

Bombay High Court Dismisses Application for Release of Arrested Cargo in Admiralty Suit for Demurrage Claim. Demurrage Claim Under Voyage Charterparty is a Claim in Respect of Goods Under Section 4(1)(f) of Admiralty Act, 2017, and Arrest of Cargo is Permissible Even if Not on Board.

1 Sep 2017

The Plaintiff, Pacific Gulf Shipping (Singapore) Pte. Ltd., a Singapore-based company engaged in vessel chartering, filed an admiralty suit against De...

Supreme Court

Supreme Court Upholds Insurance Claim for Helicopter Damage During Transit — Storage and Assembly at Intermediate Point Held Within 'Ordinary Course of Transit' Under Marine Insurance Policy. The court affirmed that a transit marine insurance policy covers the entire journey from origin to final destination, including intermediate halts for assembly, and repudiation of claim amounts to deficiency in service.

1 Jan 2020

The case involves a dispute between Bajaj Allianz General Insurance Co Ltd (appellant) and the State of Madhya Pradesh (respondent) regarding a transi...

Supreme Court

Supreme Court Allows Appeal in Marine Insurance Dispute — Insurer Cannot Deny Coverage for Breach of Institute Classification Clause Without Proving Assured's Privity. Insurer's Withdrawal of General Average Guarantee and Refusal to Issue Salvage Security Amount to Deficiency in Service Under Consumer Protection Act, 1986.

7 Feb 2020

The appellant, a partnership firm importing steel coils, obtained a Marine Cargo Cover Note from the respondent insurer on 14.5.2010 for a voyage from...

High Court

Bombay High Court Dismisses Owner's Application to Vacate Arrest of Vessel in Bunker Supply Dispute. Maritime Lien for Bunkers Supplied to Bareboat Charterer Attaches to Vessel Irrespective of Ownership.

17 Dec 2014

The plaintiff, Peninsula Petroleum Ltd., an Irish company, filed an admiralty suit claiming unpaid price for bunkers supplied to the vessel m.v. Geowa...

High Court

Bombay High Court Allows Appeal in Admiralty Bunkers Arrest Case. Bunkers on board a ship can be arrested and sold separately under admiralty jurisdiction as they are not part of the ship.

5 May 2017

The appellant, Mansel Limited, a Bermuda company engaged in chartering vessels, filed an admiralty suit seeking arrest of bunkers on board the vessel ...

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 Dismisses Writ Petition Challenging Trial Court's Order on Limitation in Carriage by Air Act Case. The court held that the suit for damages for loss of cargo was not barred by limitation under Section 30 of the Carriage by Air Act, 1972, as the limitation period runs from the date of delivery or when the cargo ought to have been delivered.

2 Feb 2018

The petitioner, British Airways, challenged an order of the City Civil Court, Mumbai, which answered a preliminary issue on limitation in the negative...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Demurrage Dispute — Upholds Arbitrator's Interpretation of Contractual Time Bar Clause. The court held that the arbitrator's finding that the petitioner failed to raise dispute within 30 days was based on evidence and not perverse, and demurrage was not conditional on indemnity.

30 Jun 2005

The case arises from a contract between Larsen & Toubro Limited (petitioner) and Sunfield Resources Pvt. Ltd. (respondent) for the supply of steaming ...

High Court

Bombay High Court Dismisses Admiralty Suit for Cargo Damage Claim Due to Lack of In Rem Jurisdiction and Limitation Bar. The court held that the vessel was not within Indian territorial waters at the time of suit filing and the claim was time-barred under the one-year limitation period under Article III Rule 6 of the Hague Rules.

28 Aug 2019

The plaintiff, Elecon Engineering Company Limited, filed an admiralty suit in rem against the vessel 'Rickmers Dubai' and other defendants for recover...

High Court

High Court Dismisses Arbitration Petitions Under Section 34 of Arbitration and Conciliation Act, 1996 — Upholds Arbitrator's Awards in Charterparty Dispute. Court Confirms That Arbitrator's Findings on Breach of Contract and Damages Are Not Open to Reappraisal Under Section 34.

27 Mar 2012

The Petitioner, Rashtriya Chemicals & Fertilizers Ltd. (RCF), a public sector company, entered into an Agreement of Affreightment with the Respondent,...

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