PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

A&B PETROL URUNLERI PAZARLAMA vs MV NAZLICAN Ss — 2021 CLD 1049 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 CLD 1049 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
CLD
Parties
A&B PETROL URUNLERI PAZARLAMA vs MV NAZLICAN Ss
Provisions referred to
S. 3; S. 4; High Courts Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

A&B PETROL URUNLERI PAZARLAMA VS MV NAZLICAN Ss.3 & 4---Suit for recovery of money---Maintainability---Action in "rem" and "personam"---Scope---Beneficial ownership---Proof---Plaintiff sought recovery of liability of outstanding price of fuel/bunker services provided by it to defendant company for ships--- When the suit was filed defendants had already sold the ships which were in the process of breaking---Validity---Admiralty jurisdiction of High Court under S. 3(2)(l) of Admiralty Jurisdiction of High Courts Ordinance, 1980, could be invoked to determine any cause / claim in respect of necessaries supplied to a ship including fuel / bunker service--- According to S. 4(4) of Admiralty Jurisdiction of High Courts Ordinance, 1980, if a claim under S. 3(2)(l) of Admiralty Jurisdiction of High Courts Ordinance, 1980, arising in connection with a ship, claim could give rise to a maritime lien on the ship only when Admiralty jurisdiction of High Court could be invoked by an action in rem against the ship, if at the time when the action was brought, that ship was beneficially owned in respect of majority shares therein by that person who was liable to the claim in an action in personam--- Suit filed by plaintiff was not maintainable under Admiralty jurisdiction of High Court---Suit was dismissed, in circumstances.

Other judgments reported in 2021 CLD

Back to the case-law library · Search Pakistani case law in Urdu or English