Law:

Section:

Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)--- ----Ss.3 , 4---Suit for recovery of money---Maintainability---Action in rem and personam---Scope---Beneficial ownership---Proof---Plaintiff sought recovery of liability of outstanding price of fuel/bunker services provided by it to defendant company for ships--- When the suit was filed defendants had already sold the ships which were in the process of breaking---Validity---Admiralty jurisdiction of High Court under S. 3(2)(l) of Admiralty Jurisdiction of High Courts Ordinance, 1980, could be invoked to determine any cause / claim in respect of necessaries supplied to a ship including fuel / bunker service--- According to S. 4(4) of Admiralty Jurisdiction of High Courts Ordinance, 1980, if a claim under S. 3(2)(l) of Admiralty Jurisdiction of High Courts Ordinance, 1980, arising in connection with a ship, claim could give rise to a maritime lien on the ship only when Admiralty jurisdiction of High Court could be invoked by an action in rem against the ship, if at the time when the action was brought, that ship was beneficially owned in respect of majority shares therein by that person who was liable to the claim in an action in personam---Suit filed by plaintiff was not maintainable under Admiralty jurisdiction of High Court---Suit was dismissed, in circumstances. Messrs International Bunkering Middle East DMCC v. M. T. Tridonawati 2012 CLD 1611; Atlantic Steamer’s Supply Company v. m. v. Titisee and others PLD 1993 SC 88 and Hong Leong Finance Limited v. Asian Queen PLD 1991 SC 1021 rel. Yousuf Kazi v. s.s Phoenix PLD 1978 Kar. 1052; Sajid Plastic Factory v. MSC Bahamas PLD 2020 Sindh 568; Khadija Edible Oil Refinery (Pvt.) Ltd. v. M.T Galaxy 2011 CLD 709; Ahmed Investment Ltd. v. M.V. Sunrise IV PLD 1980 Kar. 229; Yukong Ltd. South Korean Company. v. M.T. Eastern Navigator PLD 2000 SC 57; Diamond Engineering Mechanical, Electrical and Marine Engineering Contractors v. M.V LUCTOR-I PLD 1978 Kar. 837 and MSC Textiles (Private) Limited v. Asian Pollux 2007 CLD 1465 distinguished. ORDER NAEEM AKHTAR AFGHAN, J.---The instant Admiralty suit has been filed by the plaintiff (A Turkish Company Supplying…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492