even under the new Admiralty (Jurisdiction and Settlement
of Maritime Claims) Act, 2017 (hereinafter referred to as Admiralty Act,
2017) the Act does not provide ... vessel to secure their maritime claim
against the charterer under the charter-party. The claim in arbitration and
the claim in the suit were similar
under section 14 of The Admiralty (Jurisdiction & Settlement of
Maritime Claims) Act, 2017 [for short " The Admiralty Act "]. The
parties before ... Charterparty.
The assertion in the Plaint is that this is a maritime claim. It is
valid, subsisting and enforceable against the defendant vessel.
The Suit
India and those are applicable for the enforcement of Maritime Claims against foreign ships.
24. With due respect and reverence, the case is a path ... maritime claim but in respect of no other claim."
29. On simply going through these lists of maritime claims and on drawing upon whatever
under section 14 of The Admiralty (Jurisdiction & Settlement of
Maritime Claims) Act, 2017 [for short " The Admiralty Act "]. The
parties before ... Charterparty.
The assertion in the Plaint is that this is a maritime claim. It is
valid, subsisting and enforceable against the defendant vessel.
The Suit
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
this Court to exercise admiralty
jurisdiction with regard to maritime claim in spite of the fact that
the arbitration proceedings are pending. It is submitted ... Judgment dated 17th February 2011, and submitted that
there is no maritime claim and International Convention on the arrest
of Ships, Geneva, dated March
that the coastal authorities in respect of any maritime claim can assume jurisdiction by arrest of the ship, irrespective of the nationality of the ship ... affected persons like charterer, cargo owners and other persons having a maritime claim, are permitted to intervene in the action in rem; this is permitted
claimed by either party does not
exceed USD 50000 the arbitration shall
be conducted in accordance with the
Small Claims Procedure of the London
Maritime ... arbitration in London by
two arbitrators and umpire and that any
claim was to be made in writing with
nine months of final discharge
Courts Act, 2015 Read with the Admiralty (Jurisdiction and Settlement of
Maritime Claims) At 2017), the Hon'ble High Court may be pleased ... Courts Act, 2015 Read with the Admiralty (Jurisdiction and Settlement of
Maritime Claims) At 2017) Read with order VII Rule
contrary to the scheme of the
Admiralty (Jurisdiction and Settlement of Maritime Claims) Act,
2017 (for short "the Admiralty Act "), and more particularly ... Admiralty Act
is for providing security in relation to a maritime claim which is the
subject matter of admiralty proceedings. To allow prayer (b) would
