SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1998 Supreme(SC) 497

SUJATA V.MANOHAR, S.P.KURDUKAR, D.P.WADHWA
World Tanker Carrier Corporation – Appellant
Versus
Snp Shipping Services Private LTD. – Respondent


Judgement Key Points

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)

What are the jurisdiction and forum limitations for admiralty/limitation actions under Part XA of the Merchant Shipping Act, 1958 in cases involving foreign vessels and foreign claimants?

What governs the right and procedure to constitute a limitation fund in a limitation of liability action, and which courts may entertain such actions when claimants are foreign and reside outside India?

What are the consequences of forum shopping and the enforceability of anti-suit injunctions in the context of limitation actions and admiralty suits?


Judgment

Mrs. Sujata V. Manohar, J.-Leave granted.

2. World Tanker Carrier Corporation (hereinafter referred to as the ‘WTCC’) is the appellant in these appeals. WTCC is a foreign company registered in Monrovia, Liberia. It is the owner of a vessel m.t. “New World”. The vessel is registered in Hong Kong. On 21st of December, 1994, New World was involved in a collision with a vessel m.v. “Ya Mawlaya” in international waters 200 nautical miles off the coast of Portugal. Ya Mawlaya is a vessel registered in Cyprus. It is owned by M/s. Kara Mara Shipping Company Ltd. (hereinafter referred to as ‘Kara Mara’), a company registered in Cyprus. The said company is referred to variously in these proceedings as disponent owner/charterer of Ya Mawlaya. On 20th October, 1994, Kara Mara sold the vessel Ya Mawlaya to Vestman Shipping Company Ltd., a company registered in Cyprus. Kara Mara thereafter became bare boat charterers of Ya Mawlaya. Prior to the sale of the said vessel, Kara Mara had entered into a management agreement dated 11th of April, 1994 with SNP Shipping Services P. Ltd. (hereinafter referred to as ‘SNP’), a company registered in India for the management of the vessel Ya Mawlaya. A
























































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top