short), as a result of which, the respondent has a maritime claim against the appellant No. 1-vessel for bunkers supplied. It is further claimed ... affidavit-in-reply contending, inter alia, that the respondent has a maritime claim against the appellant No. 1-vessel for supply of bunkers as well
claim for mortgage does not run as maritime lien. According to them, maritime lien is the privileged claim which survives change of ownership even ... maritime claimlien. During course of the arguments, it was not disputed that charge of mortgage would not come within the purview of maritime claim
arrest is permissible of any ship in
respect of which a maritime claim is asserted if
the person who owned the ship at the time ... when
the maritime claim arose is liable for the claim
and is owner of the ship when the arrest is
effected.
23) The learned counsel
defendant
Vessel. According to the plaintiff, it is a
maritime claim.
7. This Court, by an order dated 24.02.2016,
ordered the arrest of the defendant ... plaint, the plaintiff claims that it has a
"maritime claim" under Article 1(v) of the
International Convention on the Arrest of Ships
plaintiff has, therefore, stated that it has a maritime claim
against the defendant vessel which legitimately entitles it to procure the
arrest, condemnation and sale ... maritime claim. The Arrest Conventions of 1952 and
1999 do not include the claim arising out of an award to be a maritime
claim
action in
rem is to obtain security in respect of a
maritime claim against the owner of the
vessel, by arrest of the vessel ... cases where there is no
maritime lien (admittedly there is no
maritime lien in the case of a claim for
supply of bunkers
maritime
lien, and in England in respect of a statutory right in rem. A
maritime lien is a privileged claim against the ship ... whether maritime or not are in personam, and
arrest of a vessel is permitted even in respect of non
maritime claims, and the vessel
plaintiff and the evidence on record,
thus, constitute a maritime claim and a prima facie case in
favour of the plaintiff.
(ii) Following the decision ... claim is for the purpose of passing order of arrest as
unless and until, it is found that claim in respect of vessel is
maritime
Settlement of Maritime Claims) Act, 2017 , and the
international conventions. According to the plaintiff, claim is constituted
on a valid maritime claim, as is held ... liable for the claim of the plaintiff. The plaintiff contended
that the plaintiff's claim is a recognized maritime claim.
[4.0] Having considered
conventions. The
claim of the plaintiff cannot be treated as
maritime lien or maritime claim. The suit for
damages will not be maintainable ... plaintiff
may not be a maritime lien but it can be
certainly said to be a maritime claim.
7.1. Learned counsel Mr. Soparkar submitted that
