MAYAR (H.K.) LTD. AND ORS.versusOWNERS & PARTIES, VESSEL M.V. FORTUNE EXPRESS AND ORS.
2006 INSC 4630 January 2006Appeal(s) allowed
Mayar (HK) Ltd. and other plaintiffs filed an admiralty suit in the Calcutta High Court alleging that the carrier, Trustrade Enterprises PTE Ltd., failed to deliver 456 timber logs that were to be shipped on the deck of the vessel M.V. Fortune Express from Malaysia to Calcutta. The defendants argued that the Bill of La…
M.V. ELISABETH AND ORS.versusHARWAN INVESTMENT AND TRADING PVT. LTD., HANOEKAR HOUSE, SWATONTAPETH, VASCO-DE-GAMA, GOA
1992 INSC 6026 February 1992Dismissed
The plaintiff, a Goan shipping company, sued the owners of the foreign vessel M.V. Elisabeth for conversion of cargo after the ship left Marmagao without the required bills of lading and delivered the goods abroad against the plaintiff's instructions. The Andhra Pradesh High Court arrested the vessel in Vishakhapatnam …
HARIS MARINE PRODUCTSversusEXPORT CREDIT GUARANTEE CORPORATION (ECGC) LIMITED
2022 INSC 47125 April 2022Appeal(s) allowed
Harish Marine Products (the appellant) purchased a Single Buyer Exposure Policy from Export Credit Guarantee Corporation (ECGC) covering the risk of a foreign buyer’s non‑payment for goods exported between 14‑12‑2012 and 13‑12‑2013. The goods were loaded onto the vessel on 13‑12‑2012 (as per the Bill of Lading) and the…
E.L.C.M. EXPORTS LIMITEDversusSOUTH INDIAN CORPN. (AGENCIES) LTD. & ANR.
2009 INSC 93821 July 2009Case Allowed
ELCM Exports Ltd., an export house, filed a complaint before the National Consumer Disputes Redressal Commission seeking damages for a delayed shipment that was held in a US customs bonded warehouse, causing the foreign buyer to reject the consignment. The Commission dismissed the complaint as barred by the one‑year li…
SHAW WALLACE & CO. LTD. (NOW UNITED SPIRITS LTD.)versusNEPAL FOOD CORPORATION & OTHERS
2011 INSC 76613 October 2011Disposed off
The plaintiff, Nepal Food Corporation (NFC), sold parboiled rice to Ngoh Hong Hang (NHH) under a letter of credit that required presentation of on‑board bills of lading. The cargo was shipped on the vessels Pichit Samut and Eastern Grand, whose owner’s agent was Shaw Wallace & Co. Ltd. (Shaw Wallace). NFC sued Shaw Wal…
BRITISH INDIA STEAM NAVIGATION CO., LTD.versusSHANMUGHA VILAS CASHEW INDUSTRIES AND ORS.
1990 INSC 8513 March 1990Appeal(s) allowed
British India Steam Navigation Co., Ltd. chartered the vessel Steliosm to ship 4,445 bags of cashew nuts for Shanmughavilas Cashew Industries, but only 3,712 bags were delivered. The respondent sued the appellant in the Cochin Sub‑ordinate Court for the shortage; the trial court decreed in favour of the respondent and …