Hill Dickinson and has contended that
plaintiff does not have a maritime lien over the
defendant vessel and that there is no contractual
relationship between ... Defendant Vessel in rem as the
plaintiff has a maritime claim and maritime lien
against the defendant vessel and is entitled for
the arrest, condemnation
Mv Nicolaos A vs Indian Farmers Fertilizers ... on 5 September, 2017
Author: R.M.Chhaya
documents
are binding on the defendant.
iv. That there is no maritime lien, charge,
hypothecation, first preferred charge
against the defendant vessel in favour ... maritime line/claim. In my
opinion, the said charge even would not
stand at par with the maritime claim or
lien.
17. An order
same would not
constitute a maritime claim. It was further
contended that simplicitor loan does not
constitute the maritime claim. It was further
contended that ... constitute a maritime claim. It was
further contended that a bare reading of the
loan agreement indicates that only maritime
lien is there on both
same would not
constitute a maritime claim. It was further
contended that simplicitor loan does not
constitute the maritime claim. It was further
contended that ... constitute a maritime claim. It was
further contended that a bare reading of the
loan agreement indicates that only maritime
lien is there on both
vessel.
28. Furthermore, the plaintiff's
claim is a recognized maritime claim/
lien within The Admiralty
(Jurisdiction and Settlement of
Maritime Claims ... defendant no.2 and 3 as the plaintiff
has a maritime claim and maritime
lien against the defendant vessel and
is entitled for the arrest
liabilities. It is also
further contended that third party maritime
creditors would have maritime lien which is
likely to take precedence over the maritime
claim
Sahakari Bank
Ltd. over the same, thus the Plaintiff has maritime
claim / maritime lien arising on account of the
registered Mortgage created on the Defendant
Sahakari Bank
Ltd. over the same, thus the Plaintiff has maritime
claim / maritime lien arising on account of the
registered Mortgage created on the Defendant
Admiralty Courts Act, 1861 and would constitute a
maritime claim giving rise to maritime lien in favour of the
plaintiff. In view of the aforesaid