S.J.VAZIFDAR, S.A.BOBDE, R.M.LODHA
J. S. OCEAN LINER LLC, BUR DUBAI (U. A. E. ) – Appellant
Versus
m. v. GOLDEN PROGRESS and another – Respondent
R. M. LODHA, J. :- The Single Judge of this Court in his detailed order of reference had doubted the correctness of the judgment of the Division Bench of this Court in the case of Islamic Republic of Iran Shipping Lines vs. m. v. Mehrab, 2002(4) Mh.L.J. 584 and so also another Division Bench judgment in the case of Blue Diamond Freight Pvt. Ltd. VS. m. v. Indurva Vally, Appeal Lodging No. 503 of 2003 with regard to the question of maintainability of the suit for security of the award in the admiralty jurisdiction of this Court when there is an arbitration agreement between the parties though the arbitration proceedings have not commenced or when the arbitration is actually commenced. The Single Judge also doubted whether the Court entertaining an application under section 9 of the Arbitration and Conciliation Act, 1996 would have jurisdiction to treat the vessel as a 'person' for the purpose of order of arrest and whether an application under section 9 of the Arbitration and Conciliation Act, 1996 (for short 'Act of 1996') can be filed when a suit for arrest of the vessel is not maintainable. In the opinion of the Single Judge, these issues frequently arise and need to be
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