ship from any cargo-owner. This freight can be attached
by subjecting the cargo on board the offending ship to arrest. Originally,
there existed ... arrest of the cargo on
board so that when the owner of the cargo comes to take delivery of
the cargo, he would deposit
defendant no.1 cargo
is the offending cargo i.e. cargo in relation to which the claim arose,
the cargo is directly connected ... founded on arrest of ship or vessel. There is no statutory
provision or provision in the Arrest Conventions which contemplates
arrest of cargo
that freight being an
intangible property, cannot be arrested without arresting the underlying asset
i.e. cargo and/or ship. Furthermore, Rule ... service either on the vessel or the cargo. The Plaintiff
has proceeded against the cargo to arrest the freight, as provided for in the
Bombay
alia against
the Plaintiff to offload the cargo laden on board the ship which cargo was
arrested and continues to be under arrest ... Jogoo") is that where cargo interests elect to discharge cargo
(not under arrest) from on board a ship under arrest
arrested by the Sheriff of Mumbai. At the time of applying for
the arrest of Defendant No. 1 cargo, the Plaintiff gave an
undertaking ... wrongful order of arrest of Defendant No. 1 but also
did not take any steps to remove the arrested cargo from the vessel
and store
ship from any
cargo-owner. This freight can be attached by subjecting the cargo on
board the offending ship to arrest. Originally, there existed ... claim is made on a cargo which is yet
to be delivered. To that extent, the cargo could be arrested. This is because
ship from any
cargo-owner. This freight can be attached by subjecting the cargo on
board the offending ship to arrest. Originally, there existed ... claim is made on a cargo which is yet
to be delivered. To that extent, the cargo could be arrested. This is because
ship or cargo or freight
and if no property other than a ship, cargo or freight could be
arrested, the rules would have said ... question, the Court held
that freight could not be arrested without arrest of the
cargo. With respect to the fourth question, the court held
that
discharge
the cargo and earn its freight or avoid its damages or to enable a cargo
owner to receive its cargo, raises various intricate issues ... from the owners of the cargo in proportion to their
interests and if the cargo owners abandon the cargo, the Sheriff can sell
cargo transported.
It is the case of Respondent No.1 that the vessel on which the cargo is
presently laden also remains under arrest.
::: Downloaded ... ordered to be arrested by the Sheriff of Mumbai under a warrant of
arrest issued by this Court and this cargo be therefore detained.
::: Downloaded
