Market vs Navbharat International Ltd. on 23 March, 2010
That decision must be seen in the backdrop of the issue and question
framed by the Supreme Court for its consideration. Therein, the
involvement of the vessel was never in dispute. Therein, the vessel itself
was impleaded as a party to the Suit and was before the Court in that
capacity. Therein, the question and issue essentially arose with regard
to the powers of the Admiralty Court to arrest a ship (foreign vessel)
flying an international flag and coming within Indian waters. Therefore
and in that context the Supreme Court was called upon to decide as to
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whether the English Law and Practice in Admiralty is exhaustive of the
powers and authority of an Indian Court exercising identical powers or
whether the Indian Court can frame such rules so as to reach the vessel
of the type before the Supreme Court. While emphasising that the
claim has to be a maritime claim or a maritime lien that the Surpeme
Court has made the observations reproduced by us hereinabove. If
there was any doubt, then, the subsequent decisions of the Supreme
Court in Epoch Enterrepots vs M.V. Wontu (supra) and Liverpool &
London S.P. & I Association Ltd. vs M.V. Sea Success 1 and another (supra)
would clarify the issue.