Law: Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)

Section: 3

Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)--Ss. 3(2)(c) & 6---Stamp Act (II of 1899), Sched-I, Arts. 16 & 56---Suit by foreign Bank for arrest and sale of vessel for recovery of loan amount---Bank's claim in rem against vessel for being its mortgagee for finance advanced for its purchase---Non-filing of suit within two years of accrual of cause of action---Validity---Term "respondentia" as defined in Art. 56 of Stamp Act, 1899 related to a lien on cargo laden or to be laden on board a ship---Term "bottomry" as defined in Art.16 of Stamp Act, 1899 related to money borrowed by master of a sea going ship on security of ship to enable him to preserve ship or prosecute voyage---Claim in nature of mortgage or charge on ship especially in relation to financing of its purchase or acquisition would not come within term of "bottomry" or "respondentia" as defined in Stamp Act, 1899---Such mortgage was not a claim in respondentia and a maritime lien, thus, provision of S. 6 of Admiralty Jurisdiction of High Courts Ordinance, 1980 would not apply thereto--- Suit based on claim falling under S.3(2)(c) of the Ordinance could not be regarded as barred by limitation on account of S. 6 thereof---Provisions of S.6 of Admirality Jurisdiction of High Courts Ordinance, 1980 were not applicable to the present case. Oriental Shipping Company Limited v. M.V. Mone Cristo and others 1984 CLC 2265; Proceedings in rem against the vessel M.T. Portofino and another 2003 CLD 1655; State Life Insurance Corporation of Pakistan v. Rana Muhammad Saleem 1987 SCMR 393; Kadir Motors v. National Motors Limited 1992 SCMR 1174; E.F.U. General Insurance Limited and others v. Fahimul Haq 1997 CLC 1441; Abdul Rahman and others v. Member Judicial, Board of Revenue and others 2001 YLR 2284; Bankers Equity Limited v. Iqas Weaving Mills (Pvt.) Limited 2001 CLC 169; Syed Asadul Haq v. Balochistan Glass Limited 2001 CLC 294; Messrs Abdoun Oil Company SA v. "M/T Abdoun Discovery" and another 2004 CLD 286; Atlantic Steamers Supply Company v. M.V. Titisee and others PLD 1993 SC 88; V.N. Lakhani and Company v. M.V. Lakatoi Express and others PLD 1994 SC 894; Masoomi Enterprises Pakistan…

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