ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
Adm. Appeal No.08 of 2026
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Date |
Order with signature of Judge |
Hearing of Case (Priority)
1. For orders on office objection at ‘A’
2. For hearing of CMA No.309/2026.
3. For hearing of Main Case.
03.09.2026.
Dr. Adeel Abid, advocate for the appellant.
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Pursuant to notice M/s. Adnan Ahmed and Neelofar, advocates put their appearance and undertakes to file power as well as reply / objections to the appeal on behalf of respondents.
Learned counsel for the Appellant, while pressing CMA No.309 of 2026 filed under Rule 731 of the Sindh Chief Court Rules (O.S.), for interim relief, submits that the Appellant instituted Admiralty Suit No.22 of 2026 for recovery of USD 221,700.34 allegedly outstanding against Respondent No.1-vessel towards management and operational services rendered under a Standard Ship Management Agreement. He contends that although an application for arrest of the vessel was filed, the learned Single Judge, vide order dated 27.08.2026, merely issued notices without granting interim protection, apparently on the premise that the vessel was already under arrest in another proceeding, which has since been disposed of and the vessel released. Learned counsel submits that the foreign vessel is presently berthed at Berth B-21, West Wharf, Karachi Port and is likely to sail beyond the jurisdiction of this Court. He, therefore, apprehends that unless the vessel is arrested or restrained from sailing, the Appellant's claim would remain unsecured and any eventual decree may become incapable of enforcement, causing irreparable loss and prejudice.
Be that as it may, and without prejudice to the rights and claims of the parties on merits, till the next date of hearing, Respondent No.1-vessel, M.V. KEVER (ex-NEPOLIA), together with her tackle, apparel and appurtenances, is hereby ordered to be arrested and detained. The concerned Port Authorities are directed not to permit the vessel to sail or leave the port without prior permission of this Court. The Office shall forthwith issue the requisite warrant of arrest of the vessel.
It is, however, clarified that the vessel shall be entitled to release from arrest upon deposit of 50% of the Appellant's claimed amount or furnishing a bank guarantee/security equivalent thereto, to the satisfaction of the Nazir of this Court. Upon such deposit or security being furnished, the Nazir shall, after due verification, issue the requisite certificate, whereupon the concerned Port Authorities may permit the vessel to sail, subject to any further order of this Court.
Let counter-affidavit, rejoinder, reply and/or objections, as the case may be, be filed and exchanged by the parties before the next date of hearing.
To come up on 07.09.2026.
JUDGE
JUDGE
Naveed PA.