Pan India Ship Arrest
- The arrest of the Chinese registered vessel, M.V. Tongli Yantai, at
Chennai, India by the Bombay High Court in appeal filed by Great Pacific
Navigation (Holdings) Corporation Ltd [(Great Pacific)] against M.V.
Tongli Yantai, decided on 14th October 2011, highlights the importance of
a. Pan-India ship arrest jurisdiction
b. Admiralty jurisdiction can be acquired if the writ or if the warrant of
arrest is executed on the ship when it arrives within the territorial
jurisdiction of the court
Great Pacific, a Hong Kong based company, filed a suit in the Bombay High
Court against the vessel M.V. Tongli Yantai for security in respect of
their claim pending arbitration. At the time of filing of the suit and
application for arrest as well as at the time of passing of the order, the
vessel was not within the territorial waters of India. The vessel was
arrested later when she arrived Indian territorial waters at Chennai.
In this case, the Appeal Court of Bombay High Court allowed that an order
from Bombay High Court can be executed in any Indian territorial waters
and is in agreement with the decision of the learned single judge
answering the preliminary issue with regard to the jurisdiction of the
court in Geetanjali Woollen Pvt. Ltd. Vs. M.V. X-Press Annapurna And Ors.
dated 9th August, 2005 (2005 (6) BCR 31). It was also held by the single
judge that the Court can acquire jurisdiction if the writ or if the
warrant of arrest is executed on the ship when it arrives within the
territorial jurisdiction of this Court. Although the question on
jurisdiction was left unanswered by the appeal court in M.V. X-Press
Annapurna And Ors. Vs. Geetanjali Woollen Pvt. Ltd, dated 11th March 2011,
as it was in their opinion not necessary to decide that question in
appeal. In an unreported appeal court judgment, dated 20th July 2001 in
M.V. Umang, the Bombay High Court ruled that its admiralty jurisdiction
extends throughout the territorial waters of India.
Based on the above cited decision when the moment comes for decision as to
which court of India one should approach for obtaining an order of arrest,
Bombay High Court is preferred as order for arrest of a vessel obtained
from the Bombay High Court can be executed anywhere in Indian territorial
waters, wherever the vessel is found.
However, this pan-India admiralty arrest jurisdiction is only with the
Bombay High Court while other High Courts with admiralty jurisdiction i.e.
Calcutta, Madras and Gujarat High and other admiralty courts jurisdiction
is within their State territorial waters.
- BCAS: 2102-1013
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