2/2009 Adm. Suit M/s Megafeeder (Pvt.) Limited (Plaintiff) V/S M.V. H & H Tide & another (Defendant)

2/2009 Adm. Suit M/s Megafeeder (Pvt.) Limited (Plaintiff) V/S M.V. H & H Tide & another (Defendant) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 19-DEC-16

For exercising admiralty jurisdiction the case is to be made out in terms of Section 3 of Ordinance 1980 and prima facie no claim appears to have been made out as against defendant No.1 under admiralty jurisdiction. The question now arises is whether defendant No.2 who was prepared to deposit US $.300,000/- with the Nazir of this Court was in lieu of the claim against defendant No1 or defendant No.2 stood surety for itself as well. The order referred above is clear in this regard. The defendant No.2 deposited the subject amount against arrested vessel and it is not a surety against defendant No.2 otherwise this amount could have been withhold. The amount that was deposited thus could only be considered as a surety for defendant No.1 vessel for which prima facie the case has not been made out.