Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Admiralty laws/Maritime laws: Admiralty jurisdiction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Admiralty laws/Maritime laws: Admiralty jurisdiction – Arrest of vessel – Maritime claim against charterer of ship who is not dejure owner of ship – Recovery of amount through a restraint order against the ship owned by a third party – Maintainability of – On facts, award of contract by ONGC to a foreign company for carrying seismic survey operations off the coast of Gujarat – Foreign company in turn entered into a Charter Party Agreement to charter the vessel-respondent vessel – Charterer further entered into contract with two appellants for assistance in survey operations to be conducted by charterers seismic vessel – Invoices raised by appellants on Charterers from time to time but payment not made – Also non-payment of charter hire to owners of respondent vessel – Admiralty suit by appellants wherein separate order of arrest of vessel passed – Thereafter, on application by respondent, vacation of ex parte stay by Single Judge of High Court – Upheld by the Division Bench – On appeal, held: Maritime claim against the charterer of a ship, who is not the de jure owner of the ship, cannot be recovered through a restraint order against the ship owned by a third party – Maritime claim is not maintainable for an action in rem against the respondent vessel in respect of the dues of the appellants when the charterer himself is in default of the payment to the owner – Maritime claim is in respect of the vessels which are owned by the appellants and the party liable in personam is charterer – There could not be a detention of a ship as a security and guarantee arising from its owner for a claim which is in respect of a non-owner or a charterer of the ship – Amount deposited by the owners of the respondent vessel, along with accrued interest thereon, to be remitted back to the owner – International Convention on Arrest of Ships, 1999. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2018 INSC 225 |
Petitioner | Sunil B. Naik |
Respondent | Geowave Commander |
SCR | [2018] 5 S.C.R. 471 |
Judgement Date | 2018-03-09 |
Case Number | 2617 |
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