Dimitrios Paizis And Ors. vs Motor Vessel "Nicos" And Ors. on 12 January, 1983
4. This High Court was set up as a court of Admiralty under the Colonial Courts of Admiralty (India) Act, 1891. It is now laid down by a number of decisions of this Court (See , Dimitrios Paizis v. Motor Vessel "Nicos", Kamlakar Mahadav Bhagat v. Scindia Steam Navigation Co. Ltd.) that as the Court of Admiralty this Court exercises the same jurisdiction as was exercised in England by the Court of Admiralty under the Admiralty Courts Act, 1861. Under Section 4 of the Admiralty Courts Act, 1861, the High Court of Admiralty shall have jurisdiction over any claim for the building, equipping, or repairing of any ship, if at the time of the institution of the cause the ship or the proceeds thereof are under arrest of the Court. It is not necessary to examine the other sections of this Act, save and except that under S. 35 the jurisdiction conferred by the Act on the High Court of Admiralty may be exercised either by proceedings in rem or by proceedings in personam. The counter-claim filed by the defendants who are the plaintiffs to the counter-claim does not strictly fall within the admiralty jurisdiction of this court. Is it however maintainable under any other provisions of law in this Court?