- GOVERNMENT OF WEST BENGAL
HIGH COURT AT CALCUTTA
ORIGINAL SIDE
ADMIRALTY JURISDICTION
NOTIFICATION
The High Court at Calcutta made these Rules under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, read with the applicable Removal of Difficulties Order.
1. Short title and commencement.—These Rules may be called the Calcutta High Court Admiralty (Jurisdiction and Settlement of Maritime Claims) Rules, 2019, and came into force with immediate effect.
2. Meanings of certain terms used in these Rules.—The Rules define the Act; actions in personam and in rem; electronic track data, including AIS, ECDIS and voyage data recorder material; Judge; Marshal; Registrar; Registry; Suit; Court; and Vessel, with Vessel carrying the meaning assigned by section 2(1) of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017.
3. Institution of suits.—A suit is instituted by a plaint drawn, verified and affirmed under the Code of Civil Procedure, 1908 and the practice directions of the Commercial Division. Where appropriate, the defendant may be described as the owners and parties interested in the property proceeded against.
4. Application to arrest property in a suit in rem.—An arrest application is supported by affidavit identifying the applicant, the unsatisfied maritime claim or counterclaim, the person liable, and the property, its national character and ownership. In wages or possession proceedings involving a foreign vessel, the relevant Consulate or High Commission in Kolkata is to receive notice where applicable. The Court may permit arrest despite missing particulars, may waive notice in a wages suit, and may entertain the application ex parte unless otherwise directed.
5. Service of process in a suit in rem.—Process against a vessel is served by affixing the original writ or warrant for a short time on the mast, leaving a true copy in its place, and serving the master. For other property, process is attached to the property as feasible and a further copy delivered to the person in charge.
6. Service of process in a suit in personam.—Service follows the Commercial Division rules and practice. Service outside jurisdiction or outside India requires leave where the defendant was resident or had a place of business within jurisdiction, part of the cause of action arose there, or the defendant submitted or agreed to submit to the Court’s jurisdiction.
7. Marshal to serve process.—Every writ, warrant and process is served by the Marshal, and every warrant is returned to the Registry within six days from its date.
8. When service not required in suits in rem.—Service on the property is dispensed with where the defendant or the defendant’s Advocate accepts service.
9. Marshal may apply for directions.—The Marshal may seek directions concerning arrested property, and the Court may require notice to persons concerned before passing orders.
10. Intervening in Admiralty suits.—A person not named in the writ may intervene and appear by filing an affidavit showing an interest in property affected by an order in the suit.
11. Suits in rem by default.—After twenty-eight days from return of the warrant, if no appearance is entered, the plaintiff may have the suit set down for hearing.
12. Entry of appearance.—An Advocate entering appearance files a praecipe after prior service on the adverse Advocate, stating the Advocate’s Kolkata address for service and the full name and address of the client.
13. Security.—Security is furnished under the Court’s rules and practice. A foreign-currency claim may require security in that currency. Cash security is invested in an interest-bearing account with a nationalised or scheduled bank within the Original Side jurisdiction, subject to Court orders.
14. Caveats.—The Rules provide caveats against arrest or attachment, release, and payment out. The caveator undertakes to enter appearance and furnish security or pay money into the Registry. Caveats are recorded in the relevant Caveat Warrant, Release or Payment Book, generally remain effective for no more than six months, and may be withdrawn or overruled. Arrest applicants search the Caveat Warrant Book. A caveat does not prevent arrest. The Rule also governs service on the caveator, time for security, default and enforcement.
15. Release.—Arrested property is released only by Court order. An affected party may apply for release; where arrest lacked good and sufficient reason, release and damages may be ordered. The Court may retain or require security and may release property and award costs where an ex parte arrest was obtained without full and fair disclosure of material facts.
16. Summary Procedure.—A plaintiff in an action in rem may seek judgment where there is no defence to the whole or part of the claim, or no defence except as to damages. The application is supported by affidavit and served with supporting material at least ten clear days before the return date. The defendant may show a triable issue and may receive conditional or unconditional leave to defend. The Court may order production or examination where special circumstances justify it. Corresponding provisions apply to a defendant’s counterclaim.
17. Value of property under arrest in salvage suit.—Before release in a salvage suit, the value of the arrested property is agreed or proved by affidavit to the satisfaction of a Judge in Chambers.
18. Rules as to Collision claims.—Collision proceedings require detailed statements covering vessel particulars, date, time and place, wind, weather and current, position, course and speed, lights and shapes, radar and visual observations, avoiding action, headings and contact, sound signals and electronic track data. Cross-security may be ordered. Electronic track data in the parties’ control is to be disclosed, with copies or inspection within seven days of request where all parties possess such data. The Rule does not apply to suits in personam.
19. Rules as to Sale.—Any party may apply for survey, appraisement or sale of arrested or attached property. The Court may direct public auction, private tender, private treaty or another suitable method, reserve terms, confirmation, appointment of appraiser, auctioneer or Receiver, advertisement, preservation, remuneration and treatment of proceeds. Late applications to stay or postpone sale require special or exceptional circumstances. Sale proceeds and security may form a fund in Court; claims against the fund require full particulars, supporting documents and interest details, and payments are governed by sections 10 and 11 of the Act.
20. Custody of the property.—Arrested or attached property remains in the Marshal’s custody. The Marshal may take appropriate preservation steps, consult those who caused the arrest or attachment, act under Court orders, and receive reasonable remuneration.
21. Practice and procedure.—Unless repugnant to the context, the ordinary rules and practice of the Court apply to Admiralty actions in all other respects.
22. Repeal.—The former Admiralty Rules regulating proceedings under the Colonial Courts of Admiralty Act, 1890 are repealed.
By Order of the High Court at Calcutta
ANIRBAN DAS
Registrar, Original Side
ADMIRALTY FORMS
Form No. 1 — Rule 4(2): Warrant of Arrest in Admiralty Suit in Rem. Commands the Marshal to arrest the identified vessel and, where applicable, cargo and freight, and keep the property under safe arrest until further orders.
Form No. 2 — Rule 7: Writ of Summons in Admiralty Suits in Rem. Requires the owners and parties interested to enter appearance, file the written statement within the directed period, attend the hearing with witnesses and documents, and notes the consequences of default.
Form No. 3 — Rule 12: Praecipe for Appearance. Requests entry of appearance and states the Advocate’s address for service.
Form No. 4 — Rule 14(2): Praecipe for Caveat Warrant. Records the undertaking to enter appearance and provide security up to the stated amount or pay the amount into the Registry.
Form No. 5 — Rule 14(3): Praecipe for Caveat Release. Seeks a caveat against release of the identified property.
Form No. 6 — Rule 14(7): Praecipe to Withdraw Caveat. Seeks withdrawal of the identified caveat in accordance with the Rule.
Publication note. The Rules were published in the Kolkata Gazette, Extraordinary, on 22 November 2019. The Gazette records that the official language of the High Court at Calcutta is English.
BCAS: 7103-1001 - admiraltypractice.com
