Halla Merchant Marine Co. v. Lok Maheshwari
T-279-96
Lutfy J.
26/2/97
10 pp.
Motion for partial summary judgment for $635,009.71 against charterer with respect to claim for hire of ship, less adjustments on account of value of bunkers on redelivery and time loss due to crane breakdown-Dispute to do in part with circumstances surrounding close to two-month delay in discharging cargo in Bombay-Hire payments not made-Plaintiff taking over discharging of cargo in Bombay-Motion granted in part-Incomplete evidence with respect to plaintiff's right to seventh and subsequent hires, either as hire or damages: a) did plaintiff withdraw ship as asserted by charterer; b) did plaintiff accept charterer's repudiation of charterparty agreement; or c) did parties agree to continue charterparty agreement until after discharge of cargo when ship would then be redelivered to plaintiff-As hire claim awarded in partial summary judgment for period prior to earliest date of demurrage claim, case law clear demurrage claim should not be against award for hire-Similarly, would not be appropriate to stay execution of judgment pending resolution of demurrage claim through arbitration or at trial-Charterer ordered to pay plaintiff $267,900 for hires and outstanding amount of $881.25 with respect to first hire less adjustments for time lost due to crane breakdown ($1,800) and value of bunkers on redelivery ($56,630).