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2003 Supreme(Bom) 56

F.I.REBELLO
Sierra International Shipping Corporation – Appellant
Versus
M. V. Umka & others – Respondent


JUDGMENT - REBELLO F.I., J.:---The plaintiffs had moved his Court for an ex parte warrant of arrest against the 1st defendant and for some other consequential reliefs. An order came to be passed on 8th January, 2003 in terms of the Judge's order. Defendant No. 3 the owner of the 1st defendant vessel has moved this Curt for vacating the said order on the ground that there is no cause of action.

2. A few fats may be set out which would enable this Court to resolve the issue in controversy.

The issue : Can a ship be caused to be arrested be a party to a charter party which has been terminated or come to an end, in an action in rem, without such party having a maritime lien and without the disponent owner being a demise charter.

The plaintiffs are a company organized under foreign laws. The 1st defendant vessel is a tug flying a Russian flag and at the time of arrest was within the jurisdiction of this Court. The 2nd and 3rd defendant's have been described merely as foreign organizations, having their addresses as shown in the cause title. The case of the plaintiffs is that a contract was entered into between the plaintiffs as charterers and the 2nd defendant as disponent owners on 1st


































































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