Law:

Section:

(a) Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)-------S. 3---Admiralty Court Act, 1861, S. 6 [as enacted by British Parliament]--­Suit for damages by charterer---Maintainability---Admiralty suit by way of damages on account of short landing and delayed landing of consignments--­Plaintiffs were neither owners nor consignees of goods nor assignees of Bill of Lading---Plaintiffs were, however, charterers of vessel by virtue of charter-party contracts between parties---Jurisdiction under Admiralty Courts Act, 1861 vesting in Admiralty Court, could not be extended to claim by charter party in terms of S.6 of the Admiralty Court Act, 1861---Plaintiffs neither being owners, nor consignees of goods nor assignees of Bill of Lading, their suit on basis of being charterers was not maintainable. PLD 1970 SC 67; Diamond Engineering, Mechanical, Electrical & Marine Engineering Contractors v. m.v. Luctor-I PLD 1978 Kar. 837; Alexander G. Tsavliris & Sons v. m.v. Rice Traders 1985 CLC 1355; Hayat Shipping Agencies Ltd. v. Delta Pioneer PLD 1972 Kar. 442 and The Yuri Maru v. The Crown 1927 AC 906 ref. (b) Precedent------ ----High Court was bound by decision of Privy Council unless contrary principle of law was enunciated by.the Supreme Court. JUDGMENT Short question in this admiralty suit for recovery of Rs.13,02,728.70 by way of damages on account of short landing and delayed landing of consignments is whether the suit at the behest of the plaintiffs who are charterers is maintainable before this Court in its admiralty jurisdiction. 2. As per plaint vessel M.T. Magda was chartered for voyages on different occasions and such vessel sailed from the Ports of Jabel Dhanna (Saudi Arabia) and Rastanura (Kuwait) and landed at the Port of Karachi on different dates between 26-10-1976 to 27-1-1997. Amount claimed in the suit is based on short delivery of the consignments shipped on such vessel and on account of difference of price owing to increase in the market. Total amount claimed on this account comes to Rs.13,02,728.70. 3. Written statement filed on behalf of defendants who are vessel and its owners respectively raises a number of factual as well as…

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