Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIRAL R.MEHTA
Asas Shipping L.L.C. – Appellant
Versus
MT Route (IMO 9281853) – Respondent
ORDER :
NIRAL R. MEHTA, J.
[1] Learned Advocate Ms. Paurami Sheth for the Plaintiff has mentioned this matter for urgent circulation for today as the Defendant No.1 Vessel is likely to be taken out of jurisdiction of this court immediately on completion of her cargo operations. The permission was granted and the present Suit is taken up for passing urgent orders.
[2] Learned Advocate Ms. Paurami Sheth for the Plaintiff has tendered Draft Amendment. It is allowed. The Plaintiff is permitted to carry out the said amendment on or before 16.03.2026.
[3] Learned Senior Counsel Mr. Saurabh Soparakar assisted by Ms. Paurami Sheth and instructed by Chambers of George Rebello for the Plaintiff has placed reliance on the averments made in the plaint and submitted that the Plaintiff, as Time Charterers of the 1st Defendant Vessel under a Charterparty dated 4.11.2025 entered into with the Owners of the 1st Defendant Vessel. The present claim arises due to the Owners’ wrongful non-performance of the Charterparty.
[4] The Ld. Sr. Counsel for the Plaintiff submitted that as per the Clean Fixture Recap incorporated within the Charterparty dated 4.11.2025, the charter period was for “MIN 3 MONTHS + 3 MO
Plaintiff validly exercised charter options, permitting arrest of the vessel to secure claims based on maritime law, despite Owners' objections.
The Plaintiff validly exercised multiple options to extend a charterparty, justifying a maritime claim and a warrant of arrest against the vessel for damages.
![Om Freight Forwarders Limited vs Owners and Parties Interested in M.V. Nereus Progress [IMO 9170913] - 2026 Supreme(Mad) 225](https://supremetoday-s3.b-cdn.net/Madras_2.png)
A bareboat charter-party can only be effectively terminated by actual recovery of possession; mere notice of termination without overt acts does not suffice, affording protection under maritime law.
The unilateral termination of a charterparty without proper notice or justification constitutes a breach of contract, allowing the aggrieved party to seek damages through admiralty law.
A breach of contract in maritime agreements may support claims for damages and penalties under the Admiralty Act 2017, classifying such disputes as maritime claims.
The court affirmed that a breach of contract under the Admiralty Act justifies a maritime claim, requiring the defendant to furnish security for damages due to failure in contractual obligations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
