17/2003 Adm. Suit M/S. Jawad Hussain & Sons (Plaintiff) V/S M.V. Tolmi & another (Defendant)
Bench: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)
17/2003 Adm. Suit M/S. Jawad Hussain & Sons (Plaintiff) V/S M.V. Tolmi & another (Defendant) Sindh High Court
Bench: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author) Order Date: 07-AUG-23
An Admiralty claim was filed in Pakistan Rupees for Invoices raised in United States Dollars duly acknowledged by the master of the vessel. Neither evidence was brought on record to corroborate the rate of exchange applied, nor did the defendant raise any objections. The rate of exchange applied for the conversion of USD Invoices in PKR accepted. Court auction order passed by the Court of the Republic of Togo duly certified evidence of change in title of ownership. Court auction order evidenced that at the time of the cause of action accrued in Pakistan against the vessel, the vessel was not owned by the new owner. Plaintiff's claim is neither maritime lien nor sustainable under Sections 4(3) and 4(4) of the Admiralty Jurisdiction of the High Court Ordinance, 1980 nor is fraud alleged by Plaintiff proven. During the hearing, Defendant No.2, the Agent of Vessel, furnished an Affidavit of No Objection accepting the claim amount in personam. In the circumstances, the suit was decreed against the Defendants.