Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1958: s. 3(15) - Admiralty jurisdiction Merchant Shipping Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Merchant Shipping Act, 1958: 8. 3(15) — Admiralty jurisdiction — Suit for recovery — Arrest of vessel — Vessel berthed at Madras harbor — Jurisdiction of High Court — Held: When the vessel is berthed at the Madras harbor, the Madras High Court alone has jurisdiction to entertain any claim against the subject vessel as per provisions of s. 3(15) — On facts, arrest of vessel by the Madras High Court being the first arrest, the vessel and the sale proceeds are custodial legis of the said court and no proceedings in Bombay High Court can be maintained subsequently without leave of the Madras High Court. s. 3(15) — Madras High Court Original Side Rules — Or. XLII r. 3 & 11 — Admiralty jurisdiction ~ Arrest of vessal — Issue pertaining to suit for recovery and arrest of vessal and payment to be made to various creditors, wherein one of the creditor moving High Court of Bombay and other creditors moving High Court of Madras, where the vessal was stationed — Attachment order passed and transfer of decree — High Court of Madras holding that the disbursements be made of the sale proceeds received by sale of the ship-motor vessel — Division Bench upheld the said order — Interference with ~ Held: Not calied for — Ina |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2015 INSC 124 |
Petitioner | Petromarine Products Ltd |
Respondent | Ocean Marine Services Company Ltd. & Ors. |
SCR | [2015] 4 S.C.R. 1086 |
Judgement Date | 2015-02-17 |
Case Number | 6156 |
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