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High Court

Bombay High Court Allows Appeal in Admiralty Suit for Arrest of Vessel Based on Beneficial Ownership. Court holds that under the International Convention on Arrest of Ships, 1999, a maritime claimant can arrest a vessel beneficially owned by the same person who owns the charterer-debtor, even if the vessel is registered in a different name.

2 Jul 2013

The appellant, Lufeng Shipping Company Ltd., a Chinese company, had a maritime claim of US$ 1,628,658.07 against respondent No.2, Whim Star Chartering...

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 Quashes Show Cause Notice Issued to Petitioner in Foreign Trade Act Case — Misreading of Earlier Division Bench Judgment Invalidates SCN. The court held that the show cause notice under Section 14 of the Foreign Trade (Development and Regulation) Act, 1992, was based on an erroneous interpretation of a prior judgment that had already settled the issue of prospective application of a policy circular.

7 Feb 2025

The petitioner, Essar Shipping Limited, challenged a show cause notice dated January 13, 2023, issued by the Director General of Foreign Trade under S...

High Court

Bombay High Court Vacates Arrest of Vessel GEOWAVE COMMANDER for Lack of Ownership Link — Plaintiff's Claim Against Charterer Does Not Justify Arrest of Vessel Owned by Third Party. The court held that the plaintiff's misleading statements regarding ownership of the vessel vitiated the ex parte arrest order, and the vessel could not be arrested for a claim against a bareboat charterer when the owner was a different entity.

17 Apr 2013

The plaintiff, Yusuf Abdul Gani, sole proprietor of Jumbo Offshore Enterprises, filed an admiralty suit against the vessel GEOWAVE COMMANDER (GC) seek...

High Court

Bombay High Court Dismisses Application to Set Aside Arrest of Vessel in Admiralty Suit for Bunker Supply Debt. The court held that the supply of bunkers to a vessel constitutes a maritime claim under the Admiralty Act, 2017, and the vessel can be arrested in rem even if the bunkers were supplied on credit to the charterers.

16 Apr 2014

The plaintiff, Georim Oil Corporation, a Korean company, supplied bunkers (fuel) to the vessel M.V. Flag Mersinidi, a Greek-flagged vessel, at the por...

High Court

Bombay High Court Allows Transfer of Arrested Vessel for Cargo Discharge and Repairs Subject to Security and Undertakings. Head Owners Granted Permission to Move M.T. Everrich 8 from Ennore to Haldia, with Conditions to Protect Plaintiff's Claim and Court's Jurisdiction.

14 Sep 2015

The case involves a Notice of Motion filed by the head owners of the vessel M.T. Everrich 8 (the Applicant) seeking transfer of the vessel from the po...

High Court

High Court of Bombay Considers Motion to Set Aside Arrest of Vessel in Admiralty Suit: Arrest of M.V. Rainbow Ace Challenged on Ground of Non-Establishment of Common Beneficial Ownership Between Vessel Owner and Defaulting Charterer. Defendant Vessel Owner Asserts No Common Beneficial Ownership with Charterer, Seeking to Vacate Ex-Parte Arrest Order in Maritime Claim for Damages Under Voyage Charterparty.

6 May 2013

In the High Court of Judicature at Bombay, Admiralty and Vice Admiralty jurisdiction, the applicant, owner of the vessel M.V. Rainbow Ace, filed a not...

High Court

Bombay High Court Dismisses Revenue's Appeal in Shipping Income Tax Case — Income from Operation of Ships in International Waters Not Taxable in India Under Article 8 of India-Singapore DTAA. The court held that the assessee, a Singapore tax resident, is not liable to tax in India on income from shipping operations as the DTAA allocates taxing rights to Singapore.

30 Aug 2023

The case involves an appeal by the Commissioner of Income Tax (International Taxation) against the order of the Income Tax Appellate Tribunal (ITAT) w...

High Court

Bombay High Court Allows Admiralty Suit for Bunker Supply Claim Against Foreign Vessel. Supply of bunkers to vessel 'LIMA II' held to be a maritime claim within admiralty jurisdiction, and arrest of vessel justified.

8 Nov 2006

The plaintiff, Jupiter Denizcilik Tasimacilik Mumessillik San. Ve Ticaret Limited Sirketi, a Turkish company engaged in the supply of bunkers, filed a...

High Court

Bombay High Court Overrules Res Judicata Objection in Admiralty Limitation Suit; Prior Withdrawal of Application Before Chinese Court Does Not Bar Fresh Suit Under Code of Civil Procedure, 1908.

8 Jan 2016

The dispute arose from a voyage of the vessel M.V. YURIY ARSHENEVSKIY, owned by Murmansk Shipping Company, a Russian entity, which was chartered to ca...

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