Ocean Liner Llc, A Foreign Company ... vs M.V. Golden Progress A Foreign Flag ... on 25 January, 2007
Equivalent citations: 2007(2)ARBLR104 ... plaintiffs are charterers of vessel for carriage of cargo. M.V. Golden Progress the first defendant is a foreign flag vessel and was lying
this Court in J.S. Ocean Liner LLC vs. m.v.
Golden Progress and Anr.3 (hereinafter referred to as Golden Progress) has
noted that ... held by the Full
Bench of this Court in Golden Progress (Supra), it does not mean that
plaintiff will be rendered remediless mainly because
matter
of J.S. Ocean Liner LLC V/s. m.v. Golden Progress & anr. 2 (Golden
Progress) has held that an action ... obtaining security pending arbitration can be allowed.
Mr. Ramabhadran submitted that Golden Progress (supra) judgment is
not applicable in the present facts of the case
been commenced, applying the procedure
devised by the Full Bench in Golden Progress. It
matters not whether arbitration has been invoked ... deprived of a chance to secure its claim in
arbitration? In Golden progress (Supra) the Full
Bench has in paragraph 78 held that the Court
reproduced herein:
17. In Golden Progress (supra), what the Court had
to consider was whether an application under
Section 9 of the Arbitration and Conciliation ... International Convention on
Arrest of Ships, 1999.
18. In Golden Progress, the plaintiffs had filed a
suit (a) for the purposes of recovering an amount
case of O.J.
Ocean Liner LLC v. M.V. Golden Progress & Anr. , reported at
2007(2) Bombay C.R. 1, 1999 Convention ... case of O.J. Ocean Liner LLC v.
M.V. Golden Progress & Anr. (supra). It was also submitted
that the Apex Court
Bombay High Court in JS Ocean Liner LLC v M.V.
Golden Progress & Anr. [2007 (2) Arb. LR 104 (Bom)] and the
judgment ... Ocean Liner LLC vs. M.V. Golden Progress [2007 (2)
Arb. 104 ( Bombay) (FB)]
(6) Bharat Aluminium Company vs. Kaiser Aluminium Technical
Services
agreement with Mr.Ramabhadran's
submissions that Golden Progress case is not applicable in the
present facts of the case as there ... prayer for decree or
substantial relief in this case. In Golden Progress the suit itself
was primarily for a claim and for decree against
Bombay) (FB) J.S. Ocean Llc. Vs.
m.v. Golden Progress & Anr. and, therefore, the matter was
referred to a Full Bench of this ... Bombay) (FB), J.S. Ocean LLc. vs.
m.v. Golden Progress & Anr.
( 2) AIR 2011 SC 2649 Fuerst Day Lawson Ltd. vs. Jindal
Exports
Bombay) (FB) J.S. Ocean Llc. Vs.
m.v. Golden Progress & Anr. and, therefore, the matter was
referred to a Full Bench of this ... Bombay) (FB), J.S. Ocean LLc. vs.
m.v. Golden Progress & Anr.
( 2) AIR 2011 SC 2649 Fuerst Day Lawson Ltd. vs. Jindal
Exports
