which the arrest was effected or applied for.
Article 3
Exercise of right of arrest
1. Arrest is permissible of any ship in respect ... arrest already effected to be maintained, impose upon the claimant who seeks to arrest or who has procured the arrest of the ship the obligation
permitting arrest of vessels in the
same beneficial ownership. This then permitted a claimant to proceed in rem
for arrest of a ship ... case; that Article 3(2) of the Arrest Convention 1999
provides for arrest of any other ship which, when the arrest is effected, is owned
being an
intangible property, cannot be arrested without arresting the underlying asset
i.e. cargo and/or ship. Furthermore, Rule 946 (4) of the Bombay ... withhold release of
any property under arrest. It is therefore clear that arrest is not confined to
ships alone, since had that been the legislative
court of arrest to satisfy any award in the arbitration proceedings.
56. Article VII of the International Convention on Arrest of Ships, 1999 (Arrest Convention ... Arrest Convention; the Arrest Convention being part of our common law. The senior counsel submitted that the power to release the arrested vessel
claim;
5......
ARTICLE-3:EXERCISE OF RIGHT OF ARREST
1. Arrest is permissible of any ship in respect of which
a maritime claim is asserted ... Arrest is also permissible of any other ship or ships
which, when the arrest is effected, is or are owned by the
person
claim;
5......
ARTICLE-3:EXERCISE OF RIGHT OF ARREST
1. Arrest is permissible of any ship in respect of which
a maritime claim is asserted ... Arrest is also permissible of any other ship or ships
which, when the arrest is effected, is or are owned by the
person
ship, the demise charterer of the ship, the time
charterer of the ship and the voyage charterer of the ship. Thus the owner ... ship which is sought to be arrested"
23. The Arrest Convention, thus allows arrest of a ship for maritime claims
against the owner
identity. Therefore a
ship belonging to Shipping Corporation of India cannot be said to
be a sister ship of a ship belonging ... made of the sister ship i.e. ship
of which the owners was the same as the ship in respect of which
the maritime claim
ship can enter appearance and furnish security
for release of the ship without prejudice to his rights and contentions
and thereafter contest the arrest ... parte arrest by coming to a conclusion that
no prima facie case is made out for arrest of the ship. He also relied
upon
powers of arrest under Article 2 of the Convention, in which clauses 3 and 4 clearly provide for arrest of a ship for obtaining security ... have got jurisdiction to arrest the vessel irrespective of the territorial jurisdiction. The International Convention of the Arrest of Ships 1999 has nothing
