APPENDIX 01
Bombay High Court Rules
Authored by Shrikant Pareshnath Hathi (Dr) and Binita Hathi (Ms), Partners, Brus Chambers, Advocates & Solicitors
THE HIGH COURT OF JUDICATURE ORIGINAL SIDE AT BOMBAY
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTIFICATION
No. G/Amend/12879.-ln exercise of powers conferred under Section 16(2A) of The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, the Hon'ble Chiel Justice and Hon'ble Judges ot the Bombay High Court are hereby pleased to direct lollowing amendment to the "Bombay High Court (Original Side) Rules, 1980";
1. Delete existing Rules No. 927 to 968 ol the Bombay High Court (Original Side) rules, 1980 i.e. Rules for regulatinO the procedure and practice in cases brcughl before the High Ccurt under the Colonia! Courts of Admirally Act, 1890 (53-54 Vicloria Ch. 27) stipulated under Part-lll-under the head of Admiralty Jurisdiction.
2. Afler Chapter LIX of the Bombay High Court Original Side Bules, 1980, the following be inserted.
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SPECIAL JURISDICTION: ADMIRALTY JURISOICTION
RULES FOR REGULATING THE PROCEDUHE AND PRACTICE IN CASES BROUGHT BEFORE THE HIGH CoURT UNDER THE ADMIRALTY (JUR|SDICT|ON AND SETTLEMEitT OF MABTIME CLAIMS) ACT, 201 7.
1063. Definitions.-(1) ln this chapler, unless there is anything repugnant in the subject or context: (a) "Suit in rem" means an Admiralty action in rem; (b) "Court' means the High Court ol Judicature at Bombay; (c) ,,Judge,' means a Judge oI the court exercising admiralty jurisdiction and powers under the Admiralty (Jurisdiction and Settlement o, Maritime Claims) Act, 201 7; (d) "Limitation action" means a suit commenced for setting up a limitation fund under the Merchant .l Shipping Act, 958 as amended from time to time; (e) "Officer designated by RegistrarGeneral" means the Admiralty Registrar ol the court; (0'Begistry''meanslheofficeoltheBegistra(O.S.)/ProthonotaryandSeniorMaster; (g) ,Sherifi' means Sheritf of Mumbai or Deputy Sheriff or other officer who may be appointed to execute the Process of the court; (h) ,,Suit, means any suit, action or other proceeding instituted in the court in its admiralty Jurisdtction. (2) The words and expressions used herein but not defined and detined in the Admiralty (Jurisdiction and Settlement ot Maritime claims) Act, 2017 and the Merchant Shipping Act, 1958 shall have lhe meanings respectively assigned to them in those Acts.
1064. lnstitution of suits.-A suit shall be commenced by a plaint signed and verified according to the provisions of ihe Code of Civil Procedure, 1908 and by these rules. 1065. Admiralty Suit Register.-Allsuits filed in the admiralty Jurisdiction ol this Court, whether tn rem or in personam, shall be entered in a book to be kept in the registry called "Admiralty Suit Registe/' in
which the number ol the suit and the names of the parties will be entered including the name o, the ship or its sale proceeds.
1066. Application to arrest ship in a suit in rem.-lf lhe suit is in rem, an application for arrest ol any ship proceeded against shall be made io the court and shall be supported by an aftidavit. The affidavit the shall state the nature of lhe claim and that it has not been satislied. lt shall also state the nationality of ship to be arrested and the port at which it is to be arrested and whether a valid caveat against arrest has been filed.
1067. Undertaking in damages.-A party applying under Bule 1066 shall give an unconditional and irrevocable undertaking in writing to pay such sum of money or kind ol security in such sum and upon such terms as may be determined by the court for any loss or damage which may be incurred by or caused to the defendant or any olher party as a result oi the arrest of the ship anci ior which ihe piaintiif may be found liable. This undertaking shall not stand discharged or released notwithstanding any order permitting the suit lo be withdrawn.
1068. Execution of warrant ol arrest ol ship.- (a) A ship may be arrested under a warrant ol arrest issued pursuant to an order ol arrest made by the court.
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(b) Unless ctheruJise ordered by the ccun, a war!'ant ol arrest shall be issued pursuant tc an ' order of arrest made by the court and may be executed oniy by the Sheriff. (c) The court may dispense with issue or service o, any warrant of arrest if the circumstances so require, in which event the ship shall be deemed to be arrested upon service ol the order of arresl made by the court. The order ot arresl shall be served in the same manner as a warrant of arrest on in such other manner as the Judge may direct. 1059. Arresl of ship not to prevent loading/discharge, etc.-The arrest of a ship shall not prevent loading and/or discharging ot cargo or the ship being shifted within the port limits under directions ol the Port Authority.
1070. Service of wrii of summons, or warrant ot arrest, when dispensed with in a suit in rem,-ln a suit in rem no service of v./rit of summons or warranl ol arrest shall be required, when the advocate for the defendant agrees-
(a) to accept service having entered a caveat or otherwise; or (D) to give security or to pay money into court; or
(c) where the warranl o, arrest or the order of arrest is served on the ship' 1071, Service of writ of summons or warrant ol arrest or order ol arrest in a suit in rem how effected.- (a) ln a suil in rem, wril ol summons, warrant of arrest or order of arrest shall be served on the ship against which the suit is brought. (b) Service shall be eflecled by serving the originalwrit of summons or warrant of arrest or order of arrest on the master of the ship or as otherwise directed by the Judge' (c) The plaintitl shall serve a copy of the plainl and al! other proceedings and documents upon giving an undertaking the advocate who claims to represent the ship or its owner upon the advocate to enter appearance on behalf of the ship and/or its owner' 1072. Caveat against arrest of ship.- (a)AnypersondesiringlopreventthearrestofanyShipshalllileintheregistryapraecipe' caveat against signed by himsell or his Advocate, who may be acting for him, requesting for entering vakalatnama in any suit the arrest ol such ship and undertaking to enter appearance in person or by suil in a sum not that may be instituled against such ship and undertaking to give security in such sum. Th'e caveat exceeding the amount to be stated in the praecipe or to pay into rhe registry such his advocate, as the case shall contain the name, address and email address of the caveator and/or thereupon be entered may be. caveat against issue ol a warrant or order ol arrest of such ship shall in a book to be kept in the registry, called "caveat warrant BooK'. The caveal warrant Book shall provide as per the praecipe. state the amount ol security that the caveator has undertaken to Ior (b) The tact that there is a caveat againsl arrest in force shall not event a party from applying without notice to the a warrant or order ol arrest and the ship to which the caveat relates, arrested Caveator. \Jhere any ship r.;ith tespect tc which a caveat against arrest is in fcrce iS arrested in has been entered pursuance ol a warrant or order of arrest, the person at whose instance the caveat rule and, on the hearing may apply to the court by way ot an interim application for an order under this of lhe ship had a ol the application, the court, unless it is satisfied that the person procuring the arrest good and suflicient reason lor so doing, may order discharge of the warrant or order ol arresl and may also order such person to pay to the applicant, damages in respect of the loss suflered by the applicanl as a result ol the arrest. ltlrl "I1-E-lq-q3{
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1073. eaveat against reiease of arrested ship.-Any person cjesiring io preveni tire release of any ship under arrest shall file in the registry a praecipe, signed by himself or his advocate, who may be acting for him, requesting for entering caveat against the release of such ship. The caveat shall contain the name, address and email address of the caveator ancyor his advocate, as the case may be, and the nalure and amount of lhe claim of the caveator. Caveat againsl lhe release of the ship shall thereupon be entered in a book to be kept in the registry, called "Caveat Release BooR'containing details referred to above.
1074. Caveat against payment out ol sale proceeds of ship.-Any person desiring to prevent payment out of court o{ any rnoney in court representing the proceeds of sale ol any ship shail iile in the regislry a praecipe signed by himself or his advocate who may be acting for him, requesting for entering caveat against payment out of court of such proceeds of sale- Caveat against payment out of court of such sale proceeds shall thereupon be entered in a book to be kept in the registry, called the "Caveat Payment Book". The caveat shall mention the amount, nature and details of the claim ot the caveator and details of any suit or proceedings in respect thereof. Such details shall be entered in the Caveat Payment Book.
1075. Ship not to be released and payment out o, sale proceeds of ship not to be made unless notice is given to lhe caveator.-No ship arrested under a warrant or order shall be ordered to be released and no payment out of sale proceeds of any ship shall be made, unless two working days' notice is given lo the person who has filed a caveat against the release of the ship or caveat against payment out cf sale proceeds ol the ship and whose caveat is valid at the time of giving such notice.
1076. Duration of caveat.-A caveat, whether against the issue of a warrant or order of release of ship or payment of money out ol its sale proceeds, shall be valid for six months from the date of its entry. The period ot validity ot a caveat shall not be extended, though the caveator shall nol be prevented trom entering of successive caveats. 1077. Withdrawal of caveat.-A caveat may be withdrawn by the party on whose behalf it has been entered, but the praecipe lo withdraw the caveat shall, unless otherwise permitted by the Admiralty Registrar, be signed by the person who signed the praecipe ror entering the caveat.
1078. Dascharge and setting aside of caveat.- (a) A caveat against release ot any ship shall stand discharged upon an order lor release of the vessel provided two working days' notice prior to the application for release of the arrested ship is given to the caveator. (b) An application to set aside a caveal may also be made by an interim application supported by an aftidavit. (c) The party delaying the release ot any ship by entry of a caveat sha be tiabte to be pay costs and damages in respect of the loss sulfered by the applicanl by reason of the delay caused due to the entry ol the caveat, unless he shall show, to the satislaction ot the court, good and sufficient reason tor having entered the caveat. '1079. service of plaint and proceedings on party entering caveat.-Any person belore applying fo!'a!'!'esl ol an!/ ship shall se!'ve a copy of the plaint upon the partv on whose behalf the Caveat has been entered in the caveat Warrant Elook or upon his advocate and make a siatement to that effect in the afridavit in support ol the application lor arrest.
1080. Party entering caveat to give security.-Within three working days trom the service of the plaint and other proceedings, lhe party on whose behall ihe caveat has been entered shall, give security lor the sum specified in the caveat or the amount claimed in the suit, whichever is lower, or pay such sum into the registry.
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the party on whose behalf the caveat has been entered shall not have given security in such sum or paid the sum into the reglstry in accordance with rule 1080, the plaintiff may apply to the court to set down the suit ,orthwjth for hearing as an undefended suit:
Proviced that the couri may on good cause shovvn and on such terms as to payment of costs, as it may impose, extend the lime tor giving security or paying money into the registry. '1082. Judgment and enforcement o, payment.-When the suit comes before the court, if fhe court is salisfied that the claim is well founded, it may pronounce iudgment for the amount which appears to be due, and may enforce the payment thereof by order and attachment against the party on whose behalf the caveat has been entered, and by the arrest of the ship if it then be, or thereafter comes, within the jurisdiction of the court.
1083. Sheriff may apply tor directions.-The Sheriff may at any time make a report to the court and apply for directions with respect to the ship under arrest in a suit. The courl may direct notice of the application to be given to any person concerned wiih the ship belore passing orders on the report.
1084. Sheriffs expenses.-ln the event any expenses are required 1o be incurred by the Sheriff during lhe period of the arrest for the safety and preservalion o, the ship and its crew, the Sheriff shall make a report to the court and the court, shall after hearing the parties direct payment of such sums as the court may deem fit by any party the Sheriff for incurring such expenses, which shall be treated as Sheriffs expenses. These expenses shall be paid in priority to the Sheritf from the sale proceeG ol the ship or by the detendant or other party seeking release ol the ship as the case may be, and the same shall be reimbursed to the parties who have paid the amounts to the Sheritf in the first instance.
1085. Application lor sale of arrested ship.-ln a suit in rem, if the ship proceeded against has been arrested, the plaintifl may, at any time after service of writ of summons or warrant ot arrest or order of arresl upon lhe de{endant, apply to the court by way ot an interim application for an order of sale o, the arrested ship by the Sheriff and payment o, sale proceeds into the registry to the credil ol the suit. '1086, lnterveners.- (a) Where a ship against which a suit in rem is brought is under arrest or money representing the proceeds ol sale of that ship is in court, a person who has interest in that ship or money but who is nol a delendant to the suit may, with the leave ol the Judge, intervene in the suit. (b) An application for grant ol leave under this rule may be made ex-parle by an atlidavit showing the interest ot the applicant in the ship against which the suit is broughl or in the money held in court. (c) A person to whom leave is granted to intervene shall thereupon become a party to the suit and shall file an appearance in person or by vakalatnama within the period specified in the order granting leave. On filing such appearance or vakalatnama, the intervener shall be treated as if he were a delendant in the suit. (o) The Judge may order that a person to whom he granls leave to intervene in a suit, shall, within such period as may be specitied in the order, serve on every other party to the suit such Prtsaur rg d5 tay ue Spuullicu. 1087. Order for sale of ship and determination of priority of claims.- (a) Where in a suit in rem lhe ship proceeded against is sold and the sale proceeds are paid into court, any party who has obtained or obtains a decree or iudgment against such ship or proceeds ol sale may apply to the court by interim application for an order determining the order of priority ol claims against the proceecls ol sale of such ship.
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(b) All persons who have liled caveats against payment out oi saie proceeds oi ihe ship shail be joined in the interim application and be heard. (c) The order ol priorities shall be in accordance with the provisions of sections I and 10 ol the Admiralty (Jurisdiction and settlement of Maritime claims) Act, 20l7 read with these rules. rn such (d) when an application is made under sub-rule (a), the sherifl shall send for publication (e). newspapers as the court may direct, a notice complying with the provisions of sub'rule /6\ \e, Th6 I r rw n^ri^a r rwnvv vv tO in Sub-rule (d) Shall Stat*- ra{arreci r v,v,,
(,)thattheShip(particularstobespecified)hasbeenSoldbyanorderoltheHighcourtina SuitinremgivingthenumberoftheSuitandthenamesolthepartiestothesuit; (n) that the gross proceeds o' the sale, speci,ying the amount thereof, have been paid into
court; (r/0 that the order of priority of claims against the sale proceeds will not be determined until after the expiration ol the period (specitying it) specified in the order ; (M that any person having a claim against the Ship or the proceeds of Sale thereof, Should Iile a suit to prove his claim before the expiration ol that period' (0 The Sheriff shall lodge in the registry a copy ot each newspaper in which the notice relerred to in sub-rule (e) has apPeared. (g) The expenses incurred by the Sheriff in complying with an order of the court under this rule shalt be included in his expenses relating to the sale of the ship. Any expense incurred by the Sherifl' shall, at the tirst instance, be paid by the party at whose request the order under sub-rule (a) is made. The party shall be entitled to be reimbursed such expenses incurred trom the sale proceeds paid into court after taxation by the Taxing Master of the court or as directed by the court. (h) An application to extend the period relerred to in sub-rule (e) (iii) shall be made by interim application in the suit in which any order lor determination of priorities is sought, with nolice to all persons who have filed a suit against the ship or ils sale proceeds or have filed a caveat against payment of sale proceeds ol the ship. (i) ll upon determination of the order of priorities it appears to the court that any party who has obtained a decree is entitled to be paid in priority over all other claims then such party shall be at liberty to f ile an interim application for payment out ol the sale proceeds. 1088. Publication of notice inviting claims after sale of ship.- Notwithstanding what is stated in Rule 1087 the court, on an application ot any party who has a claim against the ship or its sale proceeds, may, after the sale proceeds are paid into court, direct the Sheriff to send for publication in such newspapers as the court may direct a notice in accordance with sub- Rule (e). Sub-rules (f), (g) and (h) shall apply to such notice.
1089. Release ot arrested ship.-Subject to lhe provisions of this rule, a ship arrested may be ordered to be released: (a) at the request ol the Plaintiff, and after nolice to all persons whose caveats entered in the Caveat Release Book are valid before an appearance in person or a vakalatnama is filed by the defendant; or (b) on the delendant or an intervenor who has inlerest in the arrested ship, furnishing security - (D by paying into court the amount ordered by the court to be deposited by way of security in the suit; or
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(,) by providing a bank guarantee in the suit in accordance with Ruie 1 102 tor such amouni as nlay be ordered by the couru or (,,D in such amount or in such manner as may be agreed between the parties.
(c) On any other ground that the court may deem just and proper on an application made lor release of the arrested ship. 1090. Securlty by third pany.-ln the event security as provided in sub-rule (b) of Rule 1089 is lurnished by an intervenor, such security $,i!l bea./ailable to the plaintiff in the event the p!aintifl succeeds in the suit in respect ol the claim against the ship and/or its owners.
1091. Return ol security.-Nothing in these rules shall preclude a defendant hom making an application to the court at any stage for return and/or reduction ol any amount deposited in court or for return and/or reduclion o, security provided for release ot lhe arrested ship-
1092. Order ol Release of arrested ship.-A ship arrested underan orderot arrestshall onlybe released by an order of the court and upon notice to the Sherifl of Mumbai and to all parties who may have liled a caveat against release ol the arrested ship. 1093. Belease by Sheriff on lodging praecipe with the order ol release.-The order of release when obtained shall be lodged with a praecipe in the office ol the Sherill by the party obtaining the same and lhe Sherilf shall thereupon release the ship by taking all necessary steps in that regard and communicating the order of release to the relevant port and customs authorities as the case may be.
10g4. Sale by order of the court.-Every sale ordered by the court shall, unless the Judge shall otherwise order, be made by the Sherili in like manner as a sale of movable property in execution of a provided in decree in an ordinary civil suit, and the Sheriff shall be entitled to receive lees or poundage as Rule 1 100.
1095. procedure by Sherift on sale ol ship.-The Sherift shall pay into court the gross proceeds ol sale of any ship sold by him, and shall at the same time bring into the registry the account ol sale, with vouchers in support thereol, for taxation by the Taxing Master ot the court, to whom the same shall be transmitted by the Admiralty Registrar.
1096, Assessors.- (a) The court may, if it thinks fit, and shall upon request ol either party to the suit, summon {or its assistance, in such manner as it may direcl, two competent assessors who shall attend and assist the court in hearing any suit or cause relating to salvage, towage' or collision' (b) The appointment ot assessors shall be made by the court having regard to the nature of lhe suit and the qualilication and experience ol the person to be appoinled' (c) Every such assessor shall receive lees and expenses lor his attendance as may be determined by the court and to be paid by such ol the parties as the court may direct. 1097. Appearance before Taxing Master.-Any person interested in the proceeds may be heard before the Taxing Master on the taxation of lhe account ol expenses, and an obiection to the taxation shall be heard in the same manner as an obiection to accounts tiled belore the Commissioner for Taking Accounts.
1098. payment ol monies.-All monies to be paid into court shallbe paid lothe Admiralty Registrar. 1099. Payment ol money out of court.-Money paid inlo court shall not be paid out of court except in pursuance of an order of the court.
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100. Table of Fees payable to lhe Sheriit.-The ees payabie to ihe Shei'iff ot Mumbai ,or surts 'i f
and matters covered by these rules shall be as lollows:-
Fees for or on Fl s.
a. Fees lor serving each summons or notice lo a delendant Rs. 500.00 or a witness.
b. Fees for executing a warrant of arrest or order ofarrest. Rs. 500.00
c. Fees for serving any injunction, order or process not Rs. 500.00 otherwise provided tor.
1101. Claims tor compensation.-Any claim for payment of damages as compensation for any loss sustained by an order ol arrest may be made by way ol an interim application or suit or counterclaim.
1102. Security.-Unless otherwise ordered by the court or agreed by the parties, security shall be given by payment into court or by way of a bank guarantee.
1103. Claim tor salvage of cargo.-Notwithstanding anything contained in these rules, in case ol a suit tor salvage, if there is a claim against cargo on board the ship or onshore, it shall be open to the claimant to institute a suit in rem against the cargo and the provisions of these rules shall apply mutatis mutandis to such suit as il the property to be arresled is cargo in place of the ship.
1104. These rules shall also be applicable to proceedings filed under the Merchant Shipping Act, 1958 as amended lrom time to time.
1105. For lhe purposes ol Limitation of Liability under Part XA of the Merchant Shipping Act, 1958 the following shall apply:- (al Limitation of Liability.- Any application ,or limitation of liability Iiled under Part XA ot the Merchant Shipping Act, 1958, as amended, shall be by way of a suit as contemplated in this Chapler.
(b) Person seeking relief to be plaintiff .- ln a limitation action the person seeking relief shall be the plaintifl and shall be described in the plaint by his name.
(c) Plaintiffs to make as defendant/s person/s with claims or possible claims.- The Plaintitf shall make one or more or all known persons with claims or possible claims against him in respect of the casualty/occurrence to which the action relates, Defendant(s) to the suit.
(q Debndant(s) tobe named.- All persons to be named as delendants, as provided under Sub Bule (c), must be named in the suit by their names. Al least one defendant to the action must be named in the suit by his name but the other defendant(s) may be described generally (if not by lheir names).
\e) Service of wit of summons.-fhe writ ol summons in a limitation aclion must be served on one or more of the defendants who are named by lheir names lherein.
(fi Publication ol institution of suit.- (,) ln addition to service ol writ of summons, publication of the institution of the suit and the cause of aclion, reliefs claimed and the returnable date of writ ot summons shall be made as prescribed in the court's general rules, the web site ol the court, one vernacular newspaper ai Mumbai and also in Lloyds List, Lcndon or Trade Winds, London or aS directed by the court. (,0 Where the casualty has arisen in a loreign country, the courl may in its discretion direct that the publication musl also be made in a local newspaper in that country.
' rrdr{rq YITFT t]!Trl-t 3r{TtltruT IIFI trIT-i5, +Eilrfr {i, ?o?o/grs ?'t, vr*' qqYR . ' i i 06. Affidaviis of service.-The Plaintiff(s) shail within two weeks of the service of writ of summons and publication of the notice in ccmpliance with sub-rule (f) lile an aff idavit of service in which the plaintiff(s) shall state the following :- (a) The names and addresses of the defendants who have been served with the writ of summons along wiih pi'oof of service atiached thereio; (b) Proof of publicaticn as provided in Rule 1107 above' 1107. Pubtication of notice.-All public notices issued under these rules including notice for determination of priorities under Rules 1087 and 1088 and notice for sale of ship under Rule 1094 and notice of publication ol limitation action under sub-rule (l) of Rule 1 105 shall be published on the website of the court and also on the website of the Sherilf .
1108. Rutes and practice of on the Original Side of court to apply, if not inconsistent with the rutes in this Chapter.-The rules, practice and procedure ol the court in the matter of suits and proceedings on the Original Side of the court shall, if not inconsistent with the rules in this part, apply to suits and proceedings on the Admiralty Side of the court.
1109. Forms of Admiralty Division to be followed-- 1. Caveat against arrest of vessel shall be in Form [139]; 2. Undertaking to pay damages shall be in Form [140]; 3. Judge's order for arrest of vesselshallbe in Form [141]; 4. Warrant of arrest shallbe in Form [142]; 5. Caveat against release of vessel shall be in Form [143]; 6. Caveat against release of sale proceeds shallbe in Form [144] 1110. Supersession of rules.-The rules contained in this Chapter shall apply to suits brought in the court in the exercise of its Jurisdiction under the Admiralty (Jurisdiction and settlement ol Maritime Claims) Acl,2017 in supersession of allformer rules.
High Court of Judicature At BombaY, S. B. AGRAWAL, Dated 7th February 2020. Registrar General.
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3. In SCHEDULE OF FORMS, after Form No. 138 the foliowing Forms shall be inserted.
ApMIRALTY FORM NO.139
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY & VICE-ADMIRALTY -IURISDICTION CAVEATAPPLICATION NO. OF 20
, .... Caveator
Versus
Any person / party seeking arrest of the vessel ..... Defendant
The Registrar General, High Court, Bombay
CAVEAT AGAINST ARREST WE, the _ (state interest in vessel) of the vessel hereby request that a Caveat be entered in the Caveat Warrant Book against the arrest of the vessel and we hereby undertake to enter appearance in the event of any action that may be commenced in the High Court of Judicature at Bombay against the vessel AND FURTHER UNDERTAKE, within three days after service of the Plaint, to give security therein and/or deposit such sum not exceeding Rs._ (Rupees only) AND WE CONSENT THAT all notices, pleadings and other documents in such action may be left at the office of our Advocate at the following address:
Tel:_ Email :
Mumbai dated this --day of 20
For
Signature : Name :
Designation :
Advocate, High Court
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IN TTIE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY AND VICE ADMIRALTY JURISDICTION ADMIRALTY SUIT NO. OF 20
FULL I'ITLE
Registrar General/Admiralty Registrar's Certificate
At the request of Mr. Advocate for the Plaintiff abovenamed, I DO HEREBY CERTIFY that search has been made of the Caveat Warrant Book against arrest in the Adixiralty Registry for the period from AND I DO HEREBY FURTHER CERTIFY thAI NO CAVCAT hAS bEEN filed against the issue of a Wanant of Arrest of the abovenamed Defendant vessel during the aforesaid period.
Dated this _ day of _20_
ADMIRALTY REGISTRAR
Sealer this _ day of 20
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ADMIRALTYFORMNO. 140
IN THE HICH COURT OF JUDICATURE AT BOMBAY ADMIRALTY AND VICE ADMIRALTY JURISDICTION ADMIRALTY SUITNO. oF 20
FULL TITLE
To The Regi strar Ceneral, High Court, Bombay
S ir,
UNDEB]fAKING
We, the Plaintiff above named through our pOA Holder, / Authorized Signatory (Full name), do hereiy give an undertaking to this Hon'ble courr to pay such sums by way of damages"as rhis Hon'ble coun may award as compensation in the event of the Defendant aid / or any affected party sustaining prejudice pursuanr to *re order made by this Hon,ble couit for arrest of
AND We FURTHER COVENANT AND DECLARE that this undertaking shall remain valid and in force notwithstanding any order permitting the suit to be withdrawn.
Dated -,this dav of
For
Before me,
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ADMIRALTY FORr\iI NO. 141
IN THE HIGH COURT OF JUDICATE AT BOMBAY ADMIRALTY & VICE ADMIRALTY JURISDICTION ADMIRALTY SUITNO.
-OF FULL TITLE
Colam: J. Date :
UPON READING the Plaint herein declared on the and the precipe dated for the issue of a warrant of arrest of the Defendant vessel filed by rhe Advocate for the Plaintiff and the Affidavit of the Plaintiff abovenamed solemnly affirmed on the day of AND UPON HEARING Advocate for the Plaintiff AND - - UPON THE PLAINTIFF giving an undenaking in writing to the Admiralty Registrar to pay such sums by way of damages as this Hon'ble Court may award - as compensation in the event of the Defendant and / or any other affected pany sustaining prejudice by this Order, I DO - ORDER rhat the Admiralty Regislrar of this Hon'ble Court DO ISSUE a Warrant for the arrest of the Defendant vessel along with her hull, engines, gears, tackle, machinery, bunkers, apparel, plant, furniture, fixtures, equipments and all appunenances at present lying at the port of- and that the said Warrant of Arrest be executed at any time of the day and / or night or on Sundays and holidays AND I DO FURTHER ORDER that the Sheriff of Mumbai do effect the arrest, seizure or detention of the vessel at the pon of or such other place wherever the vessel may be within the tenitorial waters of India and that the Sheriff of Mumbai or the Sheriff 's Bailiff do proceed to the port of or such other place as may be necessary to effect the arrest, seizure and detention of the Defendar,t vessel along with her hull, engines, Bears, tackle, machinery, bunkers, apparel, plant, furniture, fixtures, equipment and all appunenances AND I DO FURTHER ORDER THAT in rhe event of the Defendant depositing in this Hon'ble Court of ( ) equivalent to Rs. (Rupees only) towards the satisfaction of the Plaintiff's claim in the suit or furnishing security in the said sum of equivalent to Rs. (Rupees only) towards the satisfaction of the Plaintiff's claim in the stlit alcng wirh interest ar per annum from the date of the institution of the Suit till payment and/or realization to the satisfaction of the Admiralty Registrar of this Hon'ble Court, the - - said Wanant of Arrest shall not be executed against the vessel *-*--,
ADMIRALTY JUDGE
Advocate
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ADMIRALTYFORM NO. 142
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY AND VICE ADMIRALTY JURISDICTION ADMIRALTY SUIT NO. oF 20
FULLTITLE
Warrant of Arrest
To, THE SHERIFF OF MUIVIBAI MUMBAI.
GREETINGS
WHEREAS the Plaintiff has instirured a suit againsr the Defendant in this Hon,ble
payablebytheDefendantto&e.P1aintiffwitho/oiG annum thereon from the date of the suit till payment.
AND WHEREAS by an order made on the -- day of by the Hon'ble Shri Jusrice His Lordship has,--inrer alio, ordered that a Warrant for the arrest of the Defendant vessel_ _ be issued. THIS IS TO COMMAND yOU to fonhwith arresr the said vessel along with her hull, engines, gears, tackle, machinery bunkers, upp"r.f, pfrnt, fumiture, fixtures, equipment and all appunenances ar present lying ii tt.'pirt oi ar any rime of the day and / or by nighr or on Sundiys ind holidays or any other place where she may be within the territorial ,utu* oilndiu "keep and to the saidvessel under arest unril you have received further orders from this Hon'ble Court.
AND THIS IS To FURTHER COMMAND you rhar either you or the Deputy sheriff or your Bailiff do proceed to the port of ==--, or such tther pl.c., wiuiuv.r shu may be, within the territorial waters of India to effect the arrest, seizure or detention of the Defendant vessel _ ;
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AND THIS IS TO FURTHER COMMAND YOU that in the event the Defendant above-named depositing in this Hon'ble Court a sum of equivalent to Rs._ (Rupees oniy) towards ttre satisfaction of the Plaintifis claim in the suit or furnishing security in the said sum of ) equivalent to Rs._ (Rupees only) together with _Yo (_ percent) interest per annum thereon from the date of the suit till payment to the satisfaction of the Admiralty Registrar of this Hon'ble Court as security towards the satisfaction of the Plaintiff's claim in the suit this Warrant of Arrest shall not be executed against the said Defendant vessel
WITNESS SHRI the Chief Justice at Bombay aforesaid this day of 20 -
- ADMTRALTY REGISTRAR
Sealer this day of
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Advocate -20--
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ADMIRALTY FORM NO. 143
IN THE TIIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY AND VICE ADMIRALTY JURISDICTION ADMIRALTY SUIT NO. OF 20
Plaintiff Versus
Defendant And Caveator
The Registrar General, High Court, Bombay
Dear Sir, CAVEATAGAINST RELEASE we, the caveator above named, do hereby request. that a caveat may be lodged/entered in the "Caveat Release Book" against the release of the Defendanr VesseJ now lying under arrest by an order of this Hon'ble court at the port of
The Caveator has a claim of _ (amount) against the owners of the Defendant vessel in respect of (state nature of claim). The owners have faiied and neglected to pay the claim of the Caveators for which the Caveator has a maritime claim and a right in rem against the Defendant vessel
The Caveator's address for service is that of its Advocate, which is as under:
Email:
Dated this _ day of 20
For Caveator
Advocate for Caveator
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ADMIRALTY }'ORM NO. 144
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY AND VICE ADMIRALTY JURISDICTION ADMIRALTY SUIT NO. oF 20
FULL TITLE
Ins[ument of Release
To, THE SHERIFF OF MUMBAI MUMBAI.
GREETINGS
WHEREAS the Plaintiff has instituted a suit against the Defendant in this Hon'ble Court to tecover a sum of (Rupees ) together with (_=-- percent) interest per annum thereon from the date of the suit till payment. -% AND WHER-EAS by an Order dated passed by the Hon'ble Shri Justice inter olia, ordered that the Defendant vessel * be arrested.
AND WHEREAS pursuant to the aforesaid order dated a Warrant of Arrest dated had been issued by this Hon'ble Court vide which THISHoN,BLECoURTDIDCOMMANDYoUtoarrestthevessel, - b'r"k.rr, .ppr*l, plant, furniture, fixtures, equipment and all appurtenances at
pr.r."ii,i,ii at tire port of and keep her under anest until you receive further orders from this Hon'ble Court'
AND WHEREAS by an Order made on the Hon'ble Shri ihe Admiralty Judge, has interalia, ordered the vessel to be released forthwith;
ANDWHER-E,AStherearenopendingCaveatsagainsttheReleaseofthevessel
NOW THIS IS TO COMMAND YOU to forthwith release the vessel along with her hull, engines, gears, tackle, machinery, bunkers'
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apparel, plant, furniture, fixtures, equipment and all appurtenances at present lying at the port of and permit her to sail out, on payment of your coss, charges --_.--, and expenses incurred in attending to the care and custody of the vessel whilst under arrest, if any.
WITNESS SHRI the Chief Jusrice at Bombay aforesaid this day of 20 _.
ADMIRALTY RECISTRAR
Sealer this dav of 20
Advocate for Plainriff
oN BEHALF oF GOVERNMENT PBINTING, srATloNERy ano pugltcartot'I, pntttreo eNo pugltsHED-g7 oGEcroB- p.l;,[u^lqIqT^9,1F:^HJ.91E,:.nN]ED^lI_c^9yEj.rygElI gEl.rr!4t eRESS, 21.A, Nera.,r suBrie-sH-h-6Ao, 6inalrr noeo, l\luMBAl 400 004 AND PUBLTSHED AT DTBEcToRATE oF GovERNMENT pnrruriruc, srnrrorueny lr,ro 21.4, iueiidiir6il5, NETAJI SUBHASH ROAO, CHARNI BOAO, MUMBAI 4OO OO4 EOITOR : DIRECTOR DR. NUPET.:ONEbrrICSiiI,I'ONE