Bose & Mitra & Co.

Our Articles

- Aditya Krishnamurthy

Published On -
INDIAN ADMIRALTY COURTS FLOUTING CONJOINING ACTIONS OF IN REM AND IN PERSONAM

1. The Appeal Court/ Division Bench of the Bombay High Court in the case of Angsley Investments Ltd.

- Amitava Majumdar (Raja) & Rishabh Saxena

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DOES THE EXISTENCE OF AN ALTERNATE REMEDY OPERATE AS A BAR TO THE MAINTAINABILITY OF A JUDICIAL REVIEW? ESSENTIAL TAKEAWAYS FROM RECENT JUDGMENTS

There may be situations in a dispute wherein the litigant may face the conundrum as to whether

- Aditya Krishnamurthy

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Compelling a non-signatory to an arbitration agreement to arbitrate pursuant to the alter ego doctrine

The recent judgment of the Madras High Court in the case of Vatsala Jagannathan v. Tristar Accommodations Ltd, 2023 SCC OnLine Mad 308 (“Vatsala Judgment”),

- Amitava Majumdar (Raja) & Rishabh Saxena

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The Supreme Court sets aside Order appointing an Arbitrator & expounds on the pre-referral jurisdiction of the High Court under Section 11 of the Arbitration and Conciliation Act,1996 as amended

On 10th April 2023, the Supreme Court of India pronounced its judgment in the case of NTPC Ltd. vs M/s SPML Infra Ltd.

- Amitava Majumdar (Raja) & Ruchir Goenka

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Arrest of Inland Vessel: Bombay High Court judgement sets a new course in Admiralty Law?

In a recent case before the Bombay High Court, a Single Judge of the Bombay High Court has upheld the arrest of an inland vessel which was plying in the non-inland waters.

- Aditya Krishnamurthy & Vedika Bhadoria

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ASSURED’S FAILURE TO COMPLY WITH WARRANTY CLASS DISCHARGES THE UNDERWRITER FROM LIABILITY UNDER A MARINE INSURANCE POLICY

1. The judgment of Hind Offshore Pvt. Ltd. v. IFFCO-Tokio General Insurance Co. Ltd., 2023 SCC OnLine SC 966 breaks new ground on issues surrounding

- Amitava Majumdar (Raja) & Rishabh Saxena

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DOES THE EXISTENCE OF AN ALTERNATE REMEDY OPERATE AS A BAR TO THE MAINTAINABILITY OF A JUDICIAL REVIEW? - ESSENTIAL TAKEAWAYS FROM THE PROLIFERATION OF RECENT JUDGMENTS.

There may be situations in a dispute wherein, the litigant may face the conundrum as to whether the litigant should proceed with the available alternate statutory remedy or exercise its right by filing a judicial review/writ petition.

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- Amitava Majumdar (Raja) & Pabitra Dutta

Published On - June 22, 2023
INTRA-COURT APPEAL UNDER THE ADMIRALTY ACT TO THE COMMERCIAL APPELLATE DIVISION OF A HIGH COURT - THE SUPREME COURT LAYS DOWN HARMONIOUS INTERPLAY.

A CASE STUDY OF OWNERS AND PARTIES INTERESTED IN THE VESSEL M.V. POLARIS GALAXY V BANQUE CANTONALE DE GENEVE.

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- Amitava Majumdar (Raja) & Ruchir Goenka

Published On - June 15, 2023
CREW WAGES PAID BY P&I CLUB POST-ARREST OF THE VESSEL WITHOUT PRIOR LEAVE OF THE COURT WILL NOT BE TREATED AS SHERIFF'S EXPENSES

Lately, there has been considerable jurisprudence of what constitutes "Sheriff's expenses" in an action involving the arrest of a Vessel. In this article, the authors shall endeavour to focus on . . .

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- Amitava Majumdar (Raja) & Pabitra Dutta

Published On - June 08, 2023
PRACTICAL IMPLICATIONS OF THE NN GLOBAL JUDGMENT ON THE ARBITRATION REGIME IN INDIA

The contested interplay between the process of dispute resolution and an unstamped or insufficiently stamped instrument was long under judicial scrutiny until it was recently decided by the Constitutional Bench of the Supreme Court of Indiain the case of N.N. Global Mercantile (P) Ltd.

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- Amitava Majumdar (Raja) & Pabitra Dutta

Published On April 20, 2021
INDIAN PARTIES CAN CHOOSE A FOREIGN SEAT OF ARBITRATION BUT CAN THEY ALSO CHOOSE FOREIGN LAW TO GOVERN THEIR CONTRACT?

The Supreme Court of India in its judgment in PASL Wind Solutions Private Limited v. GE Power Conversion India Private Limited (Civil Appeal No. 1647 of 2021, judgment dated 20 April 2021)

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- Amitava Majumdar (Raja), Rishabh Saxena & Ameetash Kubal

Published On April 15, 2021
BALANCE SHEET ENTRIES AS ACKNOWLEDGMENT OF DEBTS AND ITS EFFECT ON EXTENDING LIMITATION SUPREME COURT OF INDIA CLEARS THE AIR

The Corporate Debtor availed loan facilities from various financial creditors and defaulted in re-payments leading to his account being declared as a non- performing asset.

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- Aditya Krishnamurthy, Bose & Mitra & Co.

Published On April 13, 2021
Legal and commercial consequences from the Indian perspective arising out of the MV Ever Given grounding in the Suez Canal

Article by Aditya Krishnamurthy, Partner, Bose & Mitra & Co., given for publication by the Singapore Chamber of Maritime Arbitration (SCMA)

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- Amitava Majumdar, Damayanti Sen & Tripti Sharma

Published On August 5, 2020
MAJOR RELIEF FOR STEAMER AGENTS THE SUPREME COURT CLARIFIES THE POSITION ON GROUND RENT CHARGES FOR UNCLEARED CARGO

On 5th August 2020, the Supreme Court of India pronounced judgement in the case of The Chairman, Board of Trustees, Cochin v. M/s Arebee Star Maritime Agencies Private Ltd. & Ors., 2020 SCC OnLine SC 622 (“Arebee”), thereby holding that Ports could not fasten the liability for payment of port storage/ demurrage charges for uncleared cargo/containers lying in port premises upon the ship-owners/ vessel agents/steamer agents after the Port had taken charge of the goods and given a receipt for the same.