Continental Radiance. This gave
rise, according to the plaintiff, to a maritime claim to the tune of
USD 1,873,082.32 for the costs incurred ... maritime claim. Mr. Sen pertinently does
not dispute that the underlying claim in this case is
otherwise a maritime claim. However, his argument is that
SCOPIC remuneration under the LOF Salvage Agreement is indeed
a maritime claim recognized under Section 4(1)(i) of the Admiralty
( Jurisdiction and Settlement ... debtor to Polygreen. Polygreen has no maritime lien or maritime
claim over MT Pamboor 2 independently.
32. The essence of the case is that Polygreen
other claims.
(2) The following principles shall apply in determining the
priority of claims inter se-
(a) if there are more claims than ... instituted, constitutes a maritime claim. If
the costs de hors the claim cannot be given the status of a
maritime claim, under the provisions contained
defendant-
vessel'). The plaintiff instituted a suit based on
maritime claim against the defendant-vessel with the
assertions that the plaintiff is the owner ... plaintiff and Vision Projects under
those demise charters giving rise to maritime claims
against Vision Projects.
(b) The plaintiff averred that the defendant-vessel
interim application was filed the Admiralty
(Jurisdiction and Settlement of Maritime Claims) Act, 2017 [ "Admiralty Act,
2017" ] was brought into force and consequently ... before the High Court under the Admiralty (Jurisdiction and Settlement of
Maritime Claims) Act, 2017 ". These are hereafter referred to as "New Rules
within the territorial waters of the India, in view of the maritime
claim of the plaintiff ... plaintiff is, thus, constrained to institute this suit for
maritime claim in the sum of US$ 1,416,293 along with interest
at the rate
claims determining the inter se priority in an admiralty proceeding shall be as
follows :
(a) a claim on the vessel where there is a maritime ... equally;
(b) claims for various salvages shall rank in inverse order of time
when the claims thereof accrue."
14. The claim of the Applicant
priority on maritime lien.--(1) Every maritime
lien shall have the following order of inter se priority,
namely:
(a) claims for wages and other sums ... other claims.
(2) The following principles shall apply in determining
the priority of claims inter se--
(a) if there are more claims than
mortgage of the vessel. The Plaintiff
claims that it has a maritime claim under Section 4(1)(c) of the Admiralty
( Jurisdiction and Settlement ... Maritime Claims) Act, 2017 .
4. The Plaintiff has resisted the Application by filing an Affidavit in Reply.
The Plaintiff asserts that the Applicant Port Trust
have maritime lien. Clause (g) of Section 2(1) of the
Admiralty Act, 2017, defines a maritime lien to mean a maritime
claim against ... priority on maritime lien.- (1) Every
maritime lien shall have the following order of inter se
priority, namely;
(a) Claims for wages and other sums
