| Case ID |
08bc5448-9a5f-425c-ae39-1328f7d57eb8 |
| Body |
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| Case Number |
C.M.A. No. 1186 of 2003 in Admiralty Suit No. 123 |
| Decision Date |
Apr 19, 2007 |
| Hearing Date |
Dec 22, 2006 |
| Decision |
The Sindh High Court dismissed the application made under Order III rule 4 read with section 151 C.P.C. by the applicant, Messrs Surridge and Beecheno, which sought payment of their fees from the sale proceeds of the vessel M.T. Eastern Navigator. The court ruled that the admiralty jurisdiction could only be exercised in cases where there was a maritime lien and that the services rendered by the applicant did not constitute actions taken at sea. The court emphasized that the principles of common law or equity cannot confer jurisdiction that has not been legally vested in the courts of Pakistan. The court concluded that the applicant had no entitlement to the fees claimed from the funds held by the Official Assignee, leaving them to seek remedy against their client, Yukong (SK Corporation), in an appropriate jurisdiction. |
| Summary |
This case revolves around the dismissal of an application for payment of legal fees made by the applicant law firm, which represented Yukong Ltd. in an Admiralty suit. The court clarified the limitations of the Admiralty Jurisdiction of High Courts Ordinance, highlighting that jurisdiction is confined to maritime liens and actions taken at sea. The court distinguished the professional services provided by the applicant from activities that would qualify as actions at sea. As a result, the applicant's claim for fees from the sale proceeds of a vessel was denied. The court's ruling reinforced the notion that common law principles do not apply in Pakistan unless explicitly vested by legal statute. This case serves as a significant reference for legal professionals in maritime law and jurisdictional matters, providing clarity on the scope of claims and the rights of legal representatives in such scenarios. |
| Court |
Sindh High Court
|
| Entities Involved |
C.I.T. GROUP/CAPITAL EQUIPMENT FINANCING INC.,
M.T. EASTERN NAVIGATOR,
SK Corporation,
Yukong Ltd.
|
| Judges |
GULZAR AHMED
|
| Lawyers |
Not available
|
| Petitioners |
Muhammad Naeem,
Muhammad Ali Saeed
|
| Respondents |
Arif Khan
|
| Citations |
2007 SLD 1183 = 2007 MLD 1135
|
| Other Citations |
Azhar Ahmed Khan v. M.V. Ashar PLD 1985 Quetta 278,
PLD 2000 SC 57,
Hitachi Ltd v. Rupali Polyester 1998 SCMR 1618,
Union of India v. Radhey Shyam (AIR 1979 Rajasthan 137),
Kuttikrishna Menon v. Cochin Mercantile Ltd. (1962) 32 Company Cases 378
|
| Laws Involved |
Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980),
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908)
|
| Sections |
3(2)(r),
175(2),
S.151,O.III,R.4
|