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Search Results for "demurrage"

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High Court

Madras High Court Allows Appeal in Part in Foreign Award Enforcement Case, Remands for Consideration of Group of Companies Doctrine. The court held that the group of companies doctrine may bind a non-signatory to an arbitration agreement if there is commonality of interest and involvement in the contract.

27 Feb 2026

The appellant, LSS Ocean Transport DMCC, a company incorporated in UAE, filed an appeal against an order dated 16.10.2023 in Arb.O.P.No.(Comm.Div.) 19...

High Court

Madras High Court Dismisses Appeal Against Refusal to Enforce Foreign Arbitral Award Against Non-Signatory. Group of Companies Doctrine Not Applicable Without Evidence of Mutual Intention to Bind Non-Signatory Under Sections 47-49 of Arbitration and Conciliation Act, 1996.

27 Feb 2026

The appellant, LSS Ocean Transport DMCC, a UAE company, filed an appeal under Section 13(1) of the Commercial Courts Act and Section 50 of the Arbitra...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Demurrage Claim Dispute. Claim for demurrage and detention charges held time-barred under Article 55 of Limitation Act, 1963 as the cause of action arose on completion of discharge, not on subsequent demand.

8 Oct 2025

The Petitioner, National Iranian Tanker Company, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging a majorit...

High Court

Bombay High Court Quashes Port Trust Demurrage Circular for Lack of Authority. Traffic Manager Cannot Levy Demurrage Without TAMP Approval Under Major Port Trusts Act, 1963.

25 Sep 2019

The petitioners, M/s Kundil Sponge Iron Limited and its director Vijay Kashyap, filed a writ petition under Article 226 of the Constitution of India c...

High Court

Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act in Demurrage Dispute, Upholding Concurrent Findings Below. Clause 10(v) Held to Create Direct Liability for Demurrage, Not Indemnity, and Counterclaim for Option Cargo Damages Rejected.

21 Dec 2016

The dispute arose from a coal supply contract dated 18 September 1999 between the appellant, an Indian company, and the respondent, an Australian comp...

High Court

High Court of Bombay Dismisses Appeal Under Section 37 of Arbitration and Conciliation Act, 1996, Upholding Demurrage Claim. Interpretation of Clause 10(v) of Coal Supply Contract as Creating Primary Liability, Not Indemnity, and Binding Effect of Laytime Statement When No Disagreement Raised Within 30 Days Upheld.

21 Dec 2016

The dispute arose out of a contract dated 18 September 1999 between Ultratech Cement Ltd. (appellant, formerly Larsen & Toubro Ltd.) and Sunfield Reso...

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

Bombay High Court Allows Writ Petition Challenging Demurrage and Wharfage Charges by Port Trust — Holds Customs Detention Not Attributable to Exporter for Demurrage Liability. The court quashed the demand for demurrage and wharfage charges against the exporter and directed the Customs authorities to pay the amount to the Port Trust.

29 Mar 2006

The petitioners, Vidyt Metallics Ltd. and another, filed a writ petition challenging the orders dated 17.12.1998 and 29.12.1998 and the demand dated 8...

High Court

Bombay High Court Allows Port Trust's Petition to Recover Demurrage Charges After Auction of Goods Under Major Port Trusts Act, 1963. The court held that the Port Trust's right to recover demurrage charges is not extinguished by the auction of goods under Section 61 of the Act, and the consignee remains liable for the shortfall.

25 Aug 2005

The Board of Trustees of the Port of Bombay (petitioner) filed a suit against Taparia Tools Limited (respondent) for recovery of demurrage charges amo...

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 ...

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