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

2012 Supreme(Bom) 525

MOHIT S.SHAH, R.V.MORE
M. V. Nordlake a Motor Vessel flying on the flag of Cyprus and a registered at a port outside India – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant:Iqbal Chagla, Senior Advocate with Sunip Sen i/b. M/s. Bhatt & Saldhana, Advocates. For the Respondent:D.J. Khambata, Additional Solicitor General with Rahul, Narichania &. Som Sinha i/b. Dhiren H. Shah, Advocates.

Judgment :

Chief Justice

This appeal raises interesting question about the extent of minimum security which in Admiralty Court must require the owner of an arrested vessel (which has caused damage to the plaintiff's property) to furnish in order to get the vessel released from the order of arrest passed by the Admiralty Court.

2. This appeal is directed against the order dated 16 November 2011 of the learned Admiralty Judge dismissing the Notice of Motion taken out by the appellants herein, defendants in the Admiralty Suit. The suit is filed by the respondent herein for arrest and sale of the ship M.V. Nardlake, (hereinafter referred to as “the vessel” or “the 1st defendant vessel”) and for claiming damages to the tune of Rs.1058.54 crores together with interest at 18% per annum from the date of suit till payment.

3. The 1st defendant vessel collided with the plaintiff's vessel INS Vindhyagiri on 30 January 2011 near Sunk Rock Light House, Mumbai. The plaintiffs have arrested 1st defendant vessel by virtue of an order dated 23 February 2011 in Admiralty Suit Lodging No.436 of 2011. The 2nd defendant MS Nordlake GMBH has filed Admiralty Suit Lodging No.1012 of 2011 under part XA of






















































































































































































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