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

Section: 3

(a) Words and phrases---"Time Charter"---Meaning. Marine Encyclopedic Dictionary 2nd Edn. ref. (b) Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)--Ss. 3(2) & 4(4)---Sindh Chief Court Rules (O.S.), R. 731---Suit for recovery of dues of supply of Bunker to defendant-vessel and damages--- Arrest of vessel, application for---Plaintiff's plea that such supply was made at the request of fuel agent was acknowledged by master of vessel, but its payment was not made by fuel agent and charterer---Validity---Plaintiff had admitted not to have made such supply at request of master of vessel---Fuel agent and charterer were not owners of vessel --- Record showed that plaintiff had knowledge that vessel at the relevant time was on "Time Charter" with defendant---Charterer under terms of "Charter Party" would be obliged to make payment of such supply to plaintiff, but not vessel and its owner---Claim in rem against vessel could not be maintained in such circumstances---­Plaintiff had failed to make out case in personam against owner of vessel---High Court dismissed such application. Messrs Global Venture Ltd. v. M. V. Rio G. and 2 others 2001 YLR 1115; Messrs Al-Yousuf Baghpati and Co. and another v. M.V. Naran and 3 others 1992 CLC 833 and Medway Drydock and Engineering Company Ltd. v. The Andrea Ursula (1971) 1 Lloyd's Law Reports 145 ref. Marine Encyclopedic Dictionary 2nd Edition; Unreported order passed in Admiralty Suit No.21 of 2006, dated 13-11-2006; Messrs Sun Line Agencies Ltd. v. Vessel M.V. 'Psiloritis' and 2 others 1984 CLC 1553; Messrs V.N. Lakhani and Company v. M.V. Lakatoi Express and 2 others PLD 1994 SC 894 and A/S Dan-Bunkering Limited v. M.V. Salam in Admiralty Suit No.21 of 2006 rel. ORDER MUHAMMAD TASNIM, J.---Plaintiff has filed this suit under section 3(2) of the Admiralty Jurisdiction of the High Courts Ordinance 1980 against defendant No.1, Vessel, defendant No.2 owner of the Vessel, defendant No.3 "Time Charter" and defendant No.4 being fuel agent, with the following prayers:-- (i) To declare that the plaintiff is entitled to recover the total claim outstanding/dues of US $ 363,062 against supply of Bunker/Marine Fuel and direct…

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