with
Page 6 of 13
C/AS/31/2015 IA JUDGMENT
regard to maritime claims. Under subsection (1) of Section 10 of
the Admiralty ... Page 9 of 13
C/AS/31/2015 IA JUDGMENT
Gujarat Maritime Board and expenses that may be
incurred for publishing the advertisements, charges
23RD JULY, 2019
JUDGMENT : [Per S.C. Dharmadhikari, J.]
1 This Appeal [Appeal (L) No. 465 of 2018] challenges
the judgment and order ... Appeal is
under section 14 of The Admiralty (Jurisdiction & Settlement of
Maritime Claims) Act, 2017 [for short " The Admiralty Act "]. The
parties
given effect to.
15/ So far as the judgment in the matter of Spiliada Maritime
case relied upon by counsel for appellants is concerned ... extended to appellants
on the basis of judgment in the case of Spiliada Maritime.
16/ Having regard to the aforesaid, I am of the opinion
Queen's Bench Division, Commercial Court
in Sea Trade Maritime Corporation v. Hellenic Mutual
War Risks Association (Bermuda) Limited, The Athena4
held that ... SAL5. In this
case, the Court followed the judgment in the case of
Sea Trade Maritime Corporation (supra), and held that
a general reference
parties, as BG is an independent contract, as held by catena of
judgments. It is a fundamental principle of law that a case of invocation ... decided without advertence to the contract. Reliance is placed
on the judgments of the Apex Court as follows :
( a) Mahatma Gandhi Sahakra Sakkare Karkhane
reliance by Glencore on the judgment of the Supreme Court in the
matter Pricol Ltd. v. Johnson Controls , (2015) 4 SCC 177 (in short „Pricol ... enforceability.
In this behalf, learned counsel cited the following judgments:
i. Naval Gent Maritime Ltd. v. Shivnath Rai Harnarain (I) Ltd. , 2009 SCC
OnLine
decision of the CESTAT in Samson
Maritime Limited (supra) he contended that the judgment does not discuss the
implication of Section 15 of the Customs
submission, reliance was placed on the
following judgments:
(i) Rakhna Arakshaka Lanka Ltd. vs. Avant Garde Maritime Services
(Private) Limited, (2018) SGHC 78.
(ii) Triulzi ... Energy
Guatemala LLC & Anr., (2018) SGHC 101.
12. Besides the aforesaid judgments cited by the learned counsel,
reference was also made to the judgment
parte judgment without
directing the plaintiff to prove the facts so as to settle the
factual controversy. In that event, the ex parte judgment
although ... reasons for passing such judgment.
14. In the matter of Gujarat Maritime Board v. G.C. Pandya 8, the
Supreme Court while following the principle
tender
notice issued by the Gujarat Maritime Board was stayed by
the High Court, and by the impugned judgment dated
16.04.2018, the High Court held ... client by the Gujarat Maritime Bard
up to date, including action taken by the Maritime Board
pursuant to our judgment. All contentions in this behalf
