Shipping Corporation Of India Ltd vs Mare Shipping Inc on 13 July, 2011
14. Mr. Gupta submitted that whether the ship is an
"arrived ship" or not depends on the point
designated as the destination in the mutual
understanding of the parties in the Charter Party
itself or the terms thereof - the degree of
precision being a matter of agreement between the
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parties. Mr. Gupta urged that in practice, the
destination is usually a part or a specified area
within the port such as a basin, a dock, or a buoy
at a certain distance from the shore or a river. A
still more precise point would be where the loading
or discharge is to take place, e.g., a particular
quay, pier, wharf or mooring. Mr. Gupta submitted
that a ship is said to be an "arrived ship" only
when she has reached the particular point and has
moored there. Mr. Gupta urged that the said
propositions are well-established and have been
laid down in (1) Leonis Steamship Company Ltd. Vs.
Rank Limited (1908) 1 K.B. 499; (2) Armament Adolf
Deppe Vs. John Robinson & Company Ltd. [1917] 2
K.B. 204; and (3) Owners of S.S. Plata Vs. Ford &
Co. (1917) 2 K.B. 593. We shall have recourse to
refer to the aforesaid decisions later in this
judgment.