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admiralty law, maritime law
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06 Jan, 2026
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M/S.Ram-Nath & Company Private Limited, Represented By Its Power Of Attorney Holder, Mr.Anandkumar Singh Vs. Owners And Parties Interested In Motor Vessel (M.V) Maersk Stadelhorn And Owners And Parties Interested In Motor Vessel Mette Maersk
As per case facts, the plaintiff's agent inadvertently purchased extended container detention free time, which was not required. Despite attempts to cancel the purchase, the defendant refused, citing a non-refundable
...policy, compelling the plaintiff to pay under protest to release the cargo. Consequently, the plaintiff filed a suit seeking a refund and an application for the arrest of a sister vessel, which was later converted to an attachment application. The question arose whether a claim for refund of inadvertently paid container detention charges constitutes a "maritime claim" under Section 4 of The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, thereby invoking admiralty jurisdiction. Finally, the High Court sustained the defendant's preliminary objection, ruling that such a claim does not pertain to the vessel and is not an agreement relating to the carriage of goods or use/hire of a vessel, distinguishing containers from vessels. Thus, it's not a maritime claim, and the plaintiff must file a regular civil suit.
Bench
Applied Acts & Sections
Section 3
–The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017
Section 4
–The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017
Section 5
–The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017
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