JUDGMENT

SANJAY KISHAN KAUL, J.

1. Leave granted.

2. A maritime claim against the charterer of a ship, who is not the de jure owner of the ship, and the endeavor to recover that amount through a restraint order against the ship owned by a third party has given rise to the present appeal.

3. Oil and Natural Gas Corporation Limited (for short ‘ONGC’) awarded a contract to one Reflect Geophysical Pte. Ltd., Singapore (for short ‘Reflect Geophysical’) for carrying out seismic survey operations off the coast of Gujarat near the Okha Port in the year 2012. In order to facilitate the carrying out of its obligations, Reflect Geophysical in turn entered into a Charter Party Agreement vide contract dated 29.6.2012 to charter the vessel ‘Geowave Commander’, the registered owner being Master and Commander AS Norway,(for short ‘Geowave Commander’) for a period of three years. The said vessel is stated to be a specialized ship equipped to carry out seismic survey operations. In terms of the said contract, it is defined as a ‘Bareboat Charter’. The charterer also has the option to purchase the vessel and the owners’ seismic equipment provided the purchase option is declared by the charterers to t