Maritime Claim before Admiralty Court (Sindh High Court)

IN THE HIGH COURT OF SINDH AT KARACHI (ORIGINAL JURISDICTION IN ADMIRALTY)

Suit No. suit_number of year Under the Admiralty Jurisdiction of High Courts Ordinance 1980 read with the Civil Procedure Code 1908 In the matter of:

claimant_name, a claimant_description, having its principal place of business / residence at claimant_address ... Plaintiff / Claimant

VERSUS

1. defendant_name, the defendant_description, presently at defendant_location 2. The Owner / Master / Agent of MV / SS vessel_name, IMO No. imo_number, presently lying / proceeding at the Port of port_of_call 3. additional_defendants ... Defendants

PLAINT IN ADMIRALTY

Respectfully sheweth:

1. That the Plaintiff is claimant_description, ordinarily resident / having its registered office at claimant_address, and is competent to institute the present suit before this Honourable Court in exercise of its admiralty jurisdiction.

2. That the Defendant No. 1 is defendant_description, with its principal place of business / residence at defendant_location. Defendant No. 2 is the vessel MV / SS vessel_name, presently lying at / proceeding to the Port of port_of_call, on which the maritime lien / claim asserted herein attaches in rem.

3. That this Honourable Court has admiralty jurisdiction over the present suit under Section 3 of the Admiralty Jurisdiction of High Courts Ordinance 1980, the cause of action falling within jurisdictional_clause of the said Section, particulars whereof are set out in subsequent paragraphs. The vessel is presently within the territorial waters / port limits of Karachi and is liable to arrest in rem.

4. That the cause of action of the Plaintiff arises out of cause_description, the particulars of which are as follows: on event_date at event_location, event_narrative. The said event has resulted in loss / damage / liability suffered by the Plaintiff in the sum of Rs. claim_amount (or USD usd_amount equivalent), the breakup whereof is set out in the schedule annexed.

5. That the contractual relationship between the Plaintiff and the Defendant(s) is governed by governing_contract dated contract_date, the relevant terms of which are reproduced as under: relevant_contract_terms. The Defendant(s) have breached the said terms in the following manner: breach_particulars.

6. That the Plaintiff has, prior to the institution of the present suit, addressed a notice / demand to the Defendant on notice_date, calling upon the Defendant to settle the dispute amicably and to indemnify the Plaintiff for the loss / damage occasioned. The Defendant has, however, respondent_response, which has compelled the Plaintiff to seek the indulgence of this Honourable Court.

7. That the Plaintiff is entitled to recover from the Defendant(s) the principal sum of Rs. claim_amount (or USD usd_amount equivalent), together with interest at the rate of interest_rate per annum from the date of accrual of the cause of action till realisation, in addition to costs and ancillary relief.

8. That, given the mobile nature of the vessel and the apprehension that the vessel may sail beyond the jurisdiction of this Honourable Court, the Plaintiff seeks an immediate warrant of arrest in rem against the vessel MV / SS vessel_name pending the disposal of the suit, in accordance with the established admiralty practice of this Honourable Court.

9. That the cause of action arose at event_location on event_date, which is within the territorial jurisdiction of this Honourable Court. The valuation of the suit is fixed at Rs. suit_valuation, on which court fee in the sum of Rs. court_fee_paid has been duly paid. The present suit is well within the period of limitation prescribed by the Limitation Act 1908 read with applicable maritime conventions.

PRAYER

It is, therefore, most respectfully prayed that this Honourable Court may be pleased to:

(a) Decree the suit in favour of the Plaintiff and against the Defendant(s) for recovery of Rs. claim_amount (or USD usd_amount equivalent), together with interest at the rate of interest_rate per annum from the date of accrual of the cause of action till realisation;

(b) Issue a warrant of arrest in rem against the vessel MV / SS vessel_name pending the disposal of the present suit, with directions to the port authorities to detain the vessel until adequate security is furnished;

(c) Direct the Defendants to furnish security in the sum of Rs. security_amount for the release of the vessel from arrest, pending the disposal of the suit;

(d) Award costs of the suit in favour of the Plaintiff and against the Defendant(s); and

(e) Pass any other order or relief which this Honourable Court may deem just and proper in the facts and circumstances of the case.

VERIFICATION

Verified on solemn affirmation at Karachi on this _____ day of _____, year, that the contents of the above plaint are true and correct to the best of the Plaintiff's knowledge and belief, and nothing material has been concealed therefrom.

_____________________________ claimant_name Plaintiff Through: _____________________________ counsel_name Advocate, Sindh High Court