| Case ID |
04234ef2-b244-45fd-b1c7-00f61dac2ad9 |
| Body |
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| Case Number |
Civil Petition No. 36 of 1994 |
| Decision Date |
Feb 22, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal against the judgment of the High Court of Sindh, Karachi, which had dismissed the petitioners' claim for delivery of goods without demurrage charges. The Court upheld the High Court's findings that the storage charges were to be levied against the Shipping Agents, as they had withheld the cargo beyond the allowable dwell time. The decision emphasized that the petitioners had withdrawn their claim for demurrage against the Shipping Agents, thereby clarifying the liability for storage charges lies with the agents who detained the containers. |
| Summary |
In this case, the Supreme Court of Pakistan addressed the liability of shipping agents regarding storage charges for cargo containers. The petitioners had placed an order for textile machinery, which was withheld by the shipping agents beyond the permitted dwell time. The Court ruled that the agents were liable for the storage charges as per the Manual of Procedure for Karachi Port operations. This judgment highlights the importance of adhering to procedural regulations and clarifies the responsibilities of shipping agents in cargo management. Key aspects include the interpretation of rules governing container handling and the implications of withdrawal of claims by petitioners. The decision reinforces legal standards in shipping and cargo operations, making it a significant reference for future cases involving similar issues. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Consolidated Shipping Ltd.,
Marine Services Ltd.,
SAHAF CORPORATION (PVT.),
KARACHI PORT TRUST
|
| Judges |
ABDUL QADEER CHAUDHRY,
MANZOOR HUSSAIN SIAL
|
| Lawyers |
Not available
|
| Petitioners |
Messrs SAHAF CORPORATION (PVT.)
|
| Respondents |
KARACHI PORT TRUST,
Shipping Agents
|
| Citations |
1994 SLD 944,
1994 SCMR 1866
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Manual of Procedure for the Handling, Berthing and Operation of Container Vessels and Containers at Karachi Port
|
| Sections |
Art. 185(3),
R. 35(a)
|