The Calcutta High Court has emphasized that maritime claims require supporting evidence and should not be characterized by harsh or oppressive measures.
Title: Hindustan Aegis LPG Ltd. vs. Owners of Vessel MT TSM Pollux.
Decided on: 19th October, 2023.
Writ C No. – 9266889
CORAM: Hon’ble Justice Moushumi Bhattacharya.
INTRODUCTION
Alleged carelessness and damage to marine loading arms at Haldia Oil Jetty Port I give rise to an admiralty jurisdiction dispute in the case of Hindustan Aegis LPG Ltd. vs. Owners of Vessel MT TSM Pollux. The plaintiff requests compensation, but the court challenges the claim’s validity and emphasizes the need for supporting documentation and just compensation. The case brings to light the intricacies of admiralty law, and an order is made for a joint survey to evaluate the harm.
FACTS OF THE CASE
In this instance, an incident happened in September 2023 at Haldia Oil Jetty Port I, where the ship MT TSM Pollux harmed Hindustan Aegis LPG Ltd.’s marine loading and unloading arms.
The plaintiff filed a claim under Section 73 of the Indian Contract Act, 1872, alleging the owners of the vessel were negligent. As long as the loss is predictable and a direct result of the breach, Section 73 provides compensation for losses resulting from contract violations.
The plaintiff’s claim was examined by the court, which emphasized the need for supporting documentation and just compensation.
To evaluate the damage, a cooperative survey was mandated. This case serves as a reminder of the intricacies involved in admiralty law and how Section 73 is applied to determine compensation.
COURTS ANALYSIS AND DECISIONThe court acknowledges the plaintiff’s claim for damages caused to marine equipment by the vessel MT TSM POLLUX. Due to the urgency of the matter, the court orders the arrest of the vessel to secure the plaintiff’s claims. The document specifies the conditions for the arrest order, including a deadline for the plaintiff to pay court fees and the possibility of the order being vacated if the defendant deposits a specified amount as security. Various authorities are instructed to assist in implementing the arrest order, and the document sets a returnable date for the application. It also warns that failure to pay the court fees will result in the dismissal of the suit.
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Written by- Kusuma R