Law:

Section:

Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)-------S.3(2)---Sindh Chief Court Rules (O.S.). R.731---Admiral4i suit---Violation by defendant-vessel of terms of carriage contract contained in Charter-party agreement---Arrest of defendant vessel, application for---Rice loading on defendant-vessel was completed 13 days before, which was stilt unable to commence voyage provided in such agreement due to its arrest in another case and inability to obtain release by providing security---Validity---Defendant-vessel had history of getting arrested---Long detention of rice loaded on vessel would putrefy as there was no chance of its obtaining release within a reasonable time---Charterer being an exporter of rice could not justifiably be allowed to jeopardize its commercial. venture just because vessel in which cargo was to be carried decides to undertake voyage at its own leisure and thus abandon its implied 'undertaking of completing voyage with all reasonable dispatch---Object of charterer in chartering vessel was entirely frustrated-Defendant vessel for not having earned freight was not entitled to payment of freight as voyage never started---Defendant-vessel might be entitled to payment of compensation for which no lien on cargo could be claimed--Plaintiff claimed cost of loading and unloading of cargo---High Court directed defendant-vessel to discharge plaintiffs cargo, ordered arrest of vessel for payment of compensation claimed by plaintiff with direction that vessel would be free to sail from port subject to deposit of claimed compensation with or furnish equivalent security to the satisfaction of Nazir of the High Court. Scrutton on Charterparties and Bill of Lading 20th Edn., in Article 52 and Ex party Nvhom Re Child (1873) 29 Law Times 634.rel. ORDER GULZAR AHMED, J.---C.M.A. No.995 of 2006 is an application under rule 731 of the Sindh Chief Court Rules (O.S) for the arrest of the defendant No. 1 Vessel "MV Annie Sierrs". C.M.A. No.1010 of 2006 is an application under section 151, C.P.C. wherein the plaintiff has prayed for direction to the defendants to arrange the discharge of plaintiffs cargo at Karachi immediately. Defendants Nos.1 and 2…

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