- The Odisha
Gaz,ette
No. 1091, CUTTACK, FRIDAY, AUGUST 28, 20201 BHADRA 6, 1942
HIGH COURT OF ORISSA, CUTTACK
PUBLISHED UNDER THE AUTHORITY
NOTIFICATION
The 23rd July,2020
No.889-X-3120201R-ln exercise of the power conferred by sub-section (2A) of
Section 16 of the Admiralty (Jurisdiction and Settlement of Maritirne Claims) Act.,2017
(Act 22 of 2017) as amended by the Admiralty jurisdiction and Settlement of the Maritime
Claims (Removal of Difficulties) Order,2017 made by the Ministry of Shipping, Govt. of
lndia vide SO 3349 (E) dated the 16th October, 2017 and corrigendum published vide SO
3562(E) dated the 8th November, 2017, the High Court of Orissa makes the following
Rules:-
Short Title and Gommencement : -
These Rules may be called The Orissa High Court Admiralty (Jurisdiction
and Settlement of Maritime Claims) Rules, 2020.
They shall come into force on the date of their publication in Odisha Gazette.
Definitions:
ln the construction of these Rules, the following terms shall have the
respective meanings hereinafter assigned to them:
'Act' means The Admiralty (Jurisdiction and Settlement of Maritime Claims)
4ct,2017.
'Action in Personam' or 'Suit in Personam' means Admiralty Action in
Personam.
'Action in Rem' or'Suit in Rem' means Admiralty Action in Rem.
'The Court'means the High Court of Orissa.
'Electronic Track Data' means Digital or Electronic Recording of the track of
the vessel including any associated visual recording or shore based
1.
(a)
(b)
2.
(1 )
(a)
(b)
(c)
(d)
(e)
(h)
(f)
(s)
automatic identification system, electronic chart and display information
system or a voyage data recorder.
'Judge' means Judge of the High Court of Orissa.
'Marshal' means the Marshall or his substitute or other Officer who may be
appointed by the Chief Justice to execute the process of the Court in
exercise of its Admiralty jurisdiction.
'Registrar' means Registrar (Judicial) of the Court or any other Officer
authorized to perform the duties of such Registrar by the Chief Justice.
'Registry' means the Office of the Registrar.
'Suit' means any suit, action or other proceedings instituted in the Court in its
Admiralty Jurisdiction.
'Affidavit', in addition to its ordinary meaning, includes a statement in writing
made by a person either on a solemn affirmation or by way of an oath.
The words and expressions used herein but not defined and defined in the
Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 20'17 shall
have the same meanings assigned to them in those Acts.
(i)
0)
3. lnstitution of the suit: - A suit shall be instituted by a plaint drawn-up,
subscribed and verified according to the provisions of the Code of Civil Procedure,
1908 as amended from time to time. Save that if the suit is ln rem, the defendant
may (subject to such variations as the circumstances may require) be described as
"the owners and parties interested" in the vessel or other properties proceeded
against instead of by name.
A plaint shall be presented to the Registrar, either in person duly identified
by an Advocate or through an Advocate in whose favour the plaintiff has executed a
Vakalatnama.
4.
Admiralty Suit Register: All suits filed in the admiralty jurisdiction of the
Court, whether in rem or in personam, shall be entered in a book to be kept in the
Registry called "Admiralty Suit Register" in which the number of the suit and the
names of the parties will be entered including the name of the ship or its sale
proceeds.
5. Arrest warrant after filing affidavit: - ln a suit in rem, a warrant for the arrest of
property may be issued at the instance either of the plaintiff or of the defendant at
(k)
(2)
any time after the suit has been instituted, but no warrant of arrest shall be issued
until an affidavit by the party or his agent has been filed. The affidavit shall comply
with the following provisions and shall state:
(a) (i) the name and description of the party at whose, instance the warrant is to be
issued, the nature of the claim of counter-claim, and that the claim or counter claim
has not been satisfied.
(ii) the name of the person who is liable for the maritime claim.
(iii) the name, nature and the national character of the property to be arrested
and the name of the owner thereof.
(b) ln a suit of wages or of possession, the affidavit shall state the national
character of the vessel proceeded against; and if against a foreign vessel, that
notice of the institution of the suit has been sent by registered posVspeed post to
the nearest consul or diplomatic representative in lndia of the State to which the
vessel belongs and a copy of the notice shall be annexed to the affidavit-
(c) ln a suit of bottomry, the bottomry, the bottomry bond, and if it is in a foreign
language, along with a translation thereof, shall be produced for the inspection and
perusal of the. Registrar and a copy of the bond or of the translation thereof certified
to be correct shall be annexed to the affidavit.
(d) ln a suit for distribution of salvage, the affidavit shall state the amount of salvage
money awarded or agreed to be accepted, and the name, address and description
of the party, holding the same.
6. Warrant may be issued before affidavit by leave: - The Court may in its
discretion allow the warrant to issue, although the affidavit in Rule 5 mentioned may
not contain all the required particulars and the Court may also waive, in a suit of
wages, the requirement as to service of the notice, and in a suit of bottomry, the
production of the bond.
7. Warrant may be issued ex-parfe:'The apptication to arrest property may be
allowed ex-parte, unless the Court otherwise directs.
8. Suits in rem when service not required:- ln suits ln rem, no service of writ of
summons or warrant shall be required when the defendant or his Advocate waives
service and underlakes in writing to appear and to give security or to pay money
into Court in lieu of security.
9. Non-appearance of defendant in a suit in
thereof: The defendant and his Advocate not
security or paying money into the Court in lieu
pursuance of his written undertaking so to do
attachment.
rem and the consequences
entering appearance or giving
of security in a suit in rem. in
shall render the ship liable to
10. Service of Process in a suit in personam:
(a) ln the case of a suit in personam or in a suit where any of the defendants is
sued rn personam, service of summons on such defendant would be in
accordance with the prevailing rules and practice.
(b) ln the case of any defendant sued rn personam, service of summons and
process out of the territorial jurisdiction of the Court or out of lndia is
permissible only with leave of the Court, if,
(i)
The defendant at the time of commencement of action by the Court is
ordinarily a resident or has a prace of business within the territoriar
jurisdiction of the Court, or;
(ii) Part of the cause of action arose within the territorial limits of the court,
or;
(iii) The defendant has submitted or agreed to submit or acquiesced to the
jurisdiction of the Court.
1 1. service by whom made: - Every writ, warrant and process shafi be served by
the Marshal or his substitute. Every warrant shall be returned to the Registrar within
seven days from the date thereof.
12. service how effected: - ln suits rn rem, service of summons or warrant against
ship, freight or cargo on board, is to be effected by nailing or affixing the original writ
or warrant for a short time on the main mast or on the single mast of the vessel or
on any conspicuous part of the vessel and by taking off the process, leaving a true
copy of it nailed or affixed in its place.
13. Service how effected on cargo landed: - lf the cargo has been landed or
transshipped, service of the wrii or warrant to arrest the cargo and freight shall be
effected by placing the writ of summons or warrant for a short time in the cargo and
on taking off the process by leaving a true copy upon it.
14. Service on cargo in custody of third party: - lf the cargo is in the custody of a
person who does not permit access to it, service of the writ or warrant may be made
upon the custodian.
'15. Marshal may apply for direction: - The Marshal may at any time make a
report to Court and apply for directions with respect to property under arrest in a
suit. The Court may direct notice of the application to be given to any person
concerned with the property before passing orders on the report.
'16. Application for sale of arrested property: - ln a suit in rem, if the property
proceeded against has been arrested, the plaintiff may, at any time alter service of
the writ of summons upon the defendant or after the defendant's appearance,
whichever is earlier, apply to the Court by notice of Motion for an order that the
arrested property be sold by the Marshal and the sale proceeds be paid into the
Registry. The Court may make such order on the claim as it thinks fit.
17. lnterveners: - (1) Where property against which a suit rn rem is brought, is
under arrest or money representing the proceeds of sale of that property is in Court,
a person who has interest in that property or money but who is not a defendant to
the suit may, with the leave of the Court, intervene in the suit.
(2) An application for the grant of leave under this rule may be considered ex-pafte
provided it is duly supported by affidavit showing the interest of the applicant in the
property against which the suit is brought or in the money in the Court.
(3) A person to whom leave is granted to intervene in a suit shall either appear in
person or shall file a Vakalatnama therein 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 defendant in the suit.
(4) The Court may order that a person to whom it grants leave to intervene in a suit
shall, within such period as may be specified in the order serve on every other party
to the suit such pleading as may be specified.
18. Suits in rem by default: - After the expiration of '15 days from the date of
warrant, if no appearance shall have been entered in the suit the Advocate for
plaintiff may cause the suit to be set down for hearing.
19. lf the Court finds plaintiff's claim is well founded: - lf, when the suit comes
before the Court, it is satisfied that the plaintiff's claim is well founded, it may pass a
decree in favour of the plaintiff and may order the property proceeded against to be
sold with or without previous notice and the sale proceeds paid into the Registry to
the credit of the suit or make such other order in the premises as it may think just.
20. Order for sale of property and determination of priority of claims: - (1)
Where in a suit rn rem, the Court has ordered the property proceeded against to be
sold, any party who has obtained or obtains a decree or order against the said
property or the proceeds of sale thereof may apply to the Court by Notice of Motion
for an order determining the order of priority of the claims against the proceeds of
sale of the said property-
(a) in a case where lhe order for sale contains the further order referred to in
sub-rule (2) after the expiration of the period specified in the order under sub_
rule (2) (a); or
(b) in any other case, after obtaining judgment.
(2) Where in a suit in rem, lhe Court orders the property proceeded against to be
sold, it may further order-
(a) that the order of priority of the claims against the proceeds of sale of the
property shall not be determined until after the expiration of ninety days or of
such other period as the Court may specify, beginning with the day on which
the proceeds of sale are paid in Court;
(b) that any party to the suit or to any other suit in rem, against the property
proceeded against or the sale proceeds thereof may apply to the Court to
extend the period specified in the order;
(c) that within seven days after the date of payment into Court of the
proceeds of sale, the Marshal shall send for publication in such newspapers
as the Court may direct a notice complying with the provisions of Sub-rule
(3)
(3) The notice referred to in sub-rule (2) shall state:
(a) that the property (particulars to be specified) has been sold by the
order of the High Court in a suit rn rem giving the number of the suit
and the names of the parties to the suit ;
(b) that the gross proceeds of the sale specifying the amount thereof,
have been paid into Court;
(c) that the order of priority of the claims against the' said proceeds
will not be determined until after the expiration of the period
(specifying it) specified in the order for sale ;
(d) that any person having a claim against the property or the
proceeds of sale thereof, shall apply to the Court for leave to intervene
and prove his claim before the Court and obtain a decree before the
expiration of that Period'
(4) The Marshal shall lodge in the Registry a copy of each newspaper in which the
notice referred to in sub-rule (2) has appeared
(5) The expenses incurred by the Marshal in complying with an order of the court
under this rule shall be included in his expenses relating to the sale of the property.
(6) An application to extend the period referred to in sub-rule (2) (a), shall be made
by Notice of Motion which shall be served on the parties to the suit and all persons
who have obtained leave, to intervene in the suit.
(7) Subject to the aforesaid provisions in this rule, every sale under the decree or
order of the Court shall unless the Court shall otherwise order be made by the
Marshal in like manner as a sale of movable property in execution of decree in an
ordinary civil suit.
21. Procedure by Marshal on sale of property: - (1) The Marshal shall pay into
the Court the gross proceeds of sale of any property sold by him and shatl at the
same time, bring into the Registry the account of sale, with voucher in support
thereof, for the taxation of costs and expenses of sale.
(2) Any person interested in the proceeds may be heard before the Registrar on the
taxation of the account of expenses and the Registrar's order thereon shall be final.
22. Paymenl of money: - All money paid into Court shall be paid to the Registrar.
23. Payment out of Court: - Money paid into Court shall not be paid out of Court
except in pursuance of an order of the Court.
24. Security for latent demands: - security for latent demands shall not, unless
the court shall otherwise order, be required on the payment of money out of court.
25. Security: -('t) Where security is to be given in the Registry, it shall be given
according to the rules and practice of the court as to security in the case of, an
attachment before judgment in an ordinary civil suit. lf the claim in the suit is in
foreign currency, the security shall be furnished in that currency subject to orders of
the Court.
12) where security is tendered in cash, the Registry shan invest the same in an
interest bearing account with the branch of a nationalized or scheduled bank within
the jurisdiction of the court on its original side subject to any other orders of the
Court.
26. Motions and applications: - Motions and applications may be made into the
court to the Bench to which admiralty matters have been assigned under rure 4g
and in rts absence, to the Chief Justice.
27. Entry of appearance: - An Advocate desiring to enter an appearance in any
suit shall file in the Registry a praecipe, a copy of which shall have been previously
served on the Advocate for the adverse party.
28. Contents of the praecipe:- The praecipe referred to in sub-rule 27 shall
contain the name of the Advocate and an address in Cuttack at which it shall be
sufficient to leave all instruments and documents in the suit.
29. Release: - Property arrested by warrant shall only be released under the
authority of an instrument issued by the Registrar to be called a "Release".
30. Caveat against arrest of property: - (1) Any person desiring to prevent the
arrest of any property shall file in the Registry a praecipe, signed by himself or his
Advocate, who may be acting for him requesting that a caveat be entered against
the arrest of the said property and undertaking to enter an appearance in person or
by a Vakalatnama in any suit that may be instituted against the said property and to
give security in such suit in a sum not exceeding the amount to be stated in the
praecipe or to pay such sum into the Registry. The caveat shall contain the name,
address and e-mail address of the caveator and/or his advocate, as the case may
be. A caveat against the issue of a warrant for the arrest of the said property shall
thereupon be entered in a book to be kept in the Registry, called the "caveat
warrant Book". The caveat warrant Book shall state the amount of security that the
caveator has undertaken to provide as per praecipe.
(2) Copy of plaint in suit against property to be served before filing plaint on the
caveator-Any person instituting a suit against any property in respect of which a
caveat has been entered in the "caveat warrant Book" shall, before filing the plaint,
serve a copy thereof upon the party on whose behalf the caveat has been entered
or upon his Advocate and annex to the plaint a statement of such service'
(3) Caveator to give security on filing of plainlwithin three days from the filing of the
plaint, the party on whose behalf the caveat has been entered shall, if the sum in
which the suit has been instituted does not exceed the amount for which he has
given the undertaking, give security in such sum or pay the same into the Registry'
or if exceeds that amount, give security to the sum in which the suit has been
instituted or pay the same into the Registry.
(4) On default, the suit may proceed ex pafte-A'fler the expiration of three days from
the filing of the plaint, if the party on whose behalf "a caveat has been entered shall
not have given security in such sum or paid the same into the Registry, the plaintiff
may apply to the Registrar to set down the suit forthwith for hearing as an
undefended, suit;
Provided that the Court may on good cause shown and on such terms as to
payment of costs as it may impose, extend the time for giving security or paying the
money into the Registry.
(5) Judgment on the claim and enforcement of Judgment on the claim payment-
when the suit comes before the court, if the court is satisfied that the claim is well
founded it may pronounce Judgment for the amount which appears to be due, and
may enforce the payment thereof by order of attachment against the party on
whose behalf the caveat has been entered, and by the arrest of the property if it
then be or thereafter comes within the jurisdiction of the Court.
(6) Registrar to search for caveat before issue of warrant-Before issuing a warrant
for the arrest of property, the Registrar shall ascertain, whether or not any caveat
has been entered against the issue of warrant of arrest thereof.
31' Gaveat against rerease of arrested property: - Any person desiring to prevent
the release of any property under arrest shall file, in the Registry a praecipe, signed
by himself or his Advocate, who may be acting for him requesting that a caveat be
entered against the release of the said property which shall thereupon be entered in
a book to be kept in the Registry called the "caveat Release Book". The caveat
shall contain the name, address and e-mair address of the caveator and/or his
advocate, as the case may be, and the nature and amount of the claim of the
caveator. Such detail shall be entered in ',Caveat Release Book".
32. Property not to be released unless notice is given to caveator: . No
property arrested under a warrant shall be ordered to be released, unless notice is
given to the person who has filed caveat against release thereof and whose caveat
is outstanding on the "Caveat Release Book',.
33. Penalty for delaying release: - A party delaying the release of any property by
the entry of caveat sharr be riabre to be condemned in costs and damages, unress
1,1,
he shall show to the satisfaction of the Court, good and sufficient reason for having
entered the caveat.
34. Caveat against payment out of sale proceeds of property: - Any person
desiring to prevent the payment out of Court of any money in Court representing the
proceeds of sale of any property shall file in the Registry a praecipe, signed by
himself of his Advocate who may be acting for him, requesting that a caveat be
entered against payment out of Court of the said proceeds of sale. A caveat against
the 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
contain the amount, nature and details of the claim of the caveator and details of
any suit or proceedings in respect thereof. such details shall be entered in "caveat
Payment Book".
35. Duration of caveat: - A caveat, whether against the issue of a warrant, the
release of property, or the payment of money, out of the Registry shall be valid for
six months from the date of its filing.
The period of validity of a caveat Shall not be extended, but this provision
shall not be taken as preventing the entry of successive caveats'
36. Withdrawal of caveat: - A caveat may be withdrawn by the party on whose
behalf it has been entered or by his Advocate; but the praecipe to lead withdrawal
thereofshall,savebypermissionoftheRegistrar,besigned,bythepersonWho
signed the praecipe to lead the entry of the caveat'
37. Application to overrule a caveat: - A caveat may be overruled on an
application made to the Court duly supported by an affidavit'
3S.Releaseofpropertyarrested:.Subjecttotheprovisionsofrules32and42
property arrested under a warrant may be ordered to be released-
(1) at the request of the plaintiff by a praecipe, before an appearance rn
person or by Vakalatnama is filed by the defendant; or
(2) on the defendant paying into Court the amount claimed in the suit; or
1,2
(3) on the defendant giving such security for the amount claimed in the suit
as the Court may direct; or
(4) on any other ground that the Court may deem just.
39. Release by Marshal on lodging praecipes with release: - The release when
obtained shall be lodged with praecipe in the office of the Marshal by the party
obtaining the same who shall also at the same time pay all the costs, charges and
expenses attending the care and custody of the property while under arrest. The
Marshal shall thereupon release the property.
40. Property may be arrested notwithstanding caveat:- The fact that there is a
caveat against arrest in force shall not prevent a pa(y from setting a warrant of
arrest issued and the property, to which the caveat relates arrested.
41. Remedy where property protected by caveat is arrested without good and
sufficient cause: 'where property with respect to which a caveat against arrest is
in force is arrested in pursuance of a warrant of arrest the party at whose instance
the caveat was entered may appry to the court by Notice of Motion for an order for
release of the property. The court, unress it is satisfied that the party procuring the
arrest of the property had good and sufficient reason for doing so, may order the
release of the property and may also order the last mentioned party to pay to the
applicant damages in respect of the loss suffered by the applicant as a result of the
arrest.
42. Value of property under arrest in salvage suit to be determined before
release: ' rn a suit of sarvage, the varue of the property under arrest shal be agreed
to or proved by affidavit to the satisfaction of the court before the property is
released.
43. Rules as to Collision claims. -
(1) ln an action to enforce a craim for damage, ross of rife or personar
injury arising out of a collision between vessels, the following Rules
shall apply unless the Court otherwise orders.
l2l
lf in a colision craim in rern, a cross craim rn rem arising out of the
same collision or occurrence is made and the party bringing the
original claim has caused the arrest of a ship or has obtained security
(3)
in order to prevent such arrest; and the party bringing the cross claim
is unable to arrest a ship or otherwise obtain security, the party
bringing the cross claim may apply to the Coud to stay the original
claim until sufficient security is given to satisfy any judgment that may
be given in favor of that party.
The plaintiff must within two months after service of the writ or any
defendant, and the defendant must within two months after entering
an appearance, file in the Registry a statement of the following;
(a) the names of the ships which came into collision' their national
character and their ports of registry; the length, breadth, gross
tonnage, horsepower and draught at the material time of the
ship and the nature and tonnage of any cargo carried by the
shiP;
(b) the date and time (including the time zone) of the collision;
(c) the place of the collision;
(d) the direction and force of the wind;
(e) the state of the weather;
(f)
the state, direction and force of the tidal or other current;
(S) the position, the course steered and speed through the water of
the ship when the other ship was first seen or immediately
before any measures were taken with reference to her
presence, whichever was the earlier;
(h) the lights or shapes (if any) carried by the ship;
(i)
(i) the distance and bearing of the other ship if and when her
echo was first observed by the radar;
(ii) the distance, bearing and approximate heading of the other ship
when first seen;
U)
What light or shape or combination of lights or shapes (if any)
of the other ship was first seen;
(k) What other lights or shapes or combinations of lights or shapes
(if any) of the other ship were subsequently seen before the
collision, and when;
(l)
What alteration (if any) were made to the course and speed of
the ship after the earlier of the two times referred to in sub-
paragraph (g) up to the time of the collision, and when, and
(4)
1,4
what measures (if any) other than alternations of course or
speed, were taken to avoid the collision, and when;
(m) The heading of the ship, the parts of each ship which first came
into contact and the approximate angle between the two ships
at the moment of contact;
(n) What sound signals (if any) were given, and when; and
(o) What sound signals (if any) where heard from the other ship,
and when;
(p) Disclose any electronic track data which is or has been in its
control and, where every party has electronic track data in is
control, each must provide copies, or permit inspection, of that
electronic track data within 7 days of a request by another party
to do so.
Nothing contained in this rule shall apply to suits rn personam.
44. Praecipes, writs of summons, warrants, etc. - Forms of praecipes required to
be filed in the Registry or Marshal's office and forms of writs of summons and
warrants may be obtained on apprications in the Registry. They shafi as nearry as
may be in the forms set forth in the Appendix to these Rures and may be varied or
altered by a Court in its discretion.
45. Signature to Praecipe: - Every praecipe shall be signed either by the party or
by his Advocate.
46. lmproperly filled up praecipe: - lf the praecipe is not properly filled up, the
Registrar or the Marshar, as the case may be, may refuse to receive the same or to
act thereon.
47' Practice and procedure: The ordinary rures and practice with regard to any
suiUproceeding before the Court shall apply so far as may be necessary, if not
inconsistent or repugnant with this Rure. Notwithstanding anything contained in this
special rule, the Bench hearing the case, may, if it thinks fit, make such order, as it
may make under the ordinary rules and practice except in case of special summary
procedure cases .
48' Admiralty Bench: Admirarty jurisdiction of the court may be exercised by a
Single Judge Bench, as the chief Justice may appoint, designated as Admirarty
Bench who shall hear and dispose of the same and shall also deal with all
interlocutory applications and motions in connection therewith.
Notvvithsta nding anything contained in any other law for the time being in
force, an appeal shall lie from any judgment, decree or final order or interim order of
such Single Judge Bench to a Division Bench of the Court, as the Chief Justice may
appoint, other than the Judge from whose judgment, decree or final order or interim
order, the appeal is preferred. lf there arise any difference of opinion behveen the
Judges of the Drvision Bench, then the same shall be subject to Rule 5 of Chapter
lll of the Rules of the High Court of Orissa, 1 948.
49. Fees: - The fees of the Courts in respect of claims under the Act shall be those
as set out in Section 7 read with Schedule-l of the Court-fees Act' 1870, as
amended from time to time and the fees of Advocates shall be at the rates obtained
under the original jurisdiction of the court relating to writ application. The fees to be
taken by the Marshal shall be those set forth in the Schedule hereto.
Assessor in suits of Salvage, Towage or Collision
50. List of Assessors: The court may, if think fit, and shall upon request of either
party to the suit, summon for its assistance, in such manner as it may direct, one or
more competent assessors from the list of assessors who shall attend and assist
the Court in hearing any suit or cause relating to salvage, towage, or collision'
51. Appointment of Assessors: The appointment of the assessors shall be made
by the court having regard to the nature of the suit and the qualification and
experience of the person so appointed. The appointment of assesso(s) shall not
preclude any party/parties to examine any expert witness in any admiralty
proceeding. However, the court shall exercise its discretion in such matter having
regards to the nature of dispute and necessity of examination of such expert
witness.
52, Assessor's Fees: Every person who shall so act as an assessor shall be
entitled to a fee as determined by the court for each day's attendance or a
wholesome amount for the entire assistance in such case.
53.Applicationtosummonassessors:-Eitherpartyinanysuchsuitas
aforesaid may apply that it may be heard with the assistance of the assessors.
Unless otherwise ordered, the application shall be made by summons Where the
suit is pending before the Court, to the Bench before whom it is appointed that the
suit shall be heard.
54. Letter in the nature of summons to be served as process: - Where
assessors are to be summoned, this shall be done by a letter, under the signature
of the Registrar which may be served in like manner as process of the court in its
writ jurisdiction.
55. Assessor's fees by whom to be deposited: - Assessor's fee sha , before
each day's hearing, be deposited with the Registrar by the party at whose instance
they were summoned, or in default thereof by the other party.
56' How to be disposed of: - The Registrar shail pay the fees so deposited with
him to 'assessors' or, in any case where their attendance is not required, shafl;
unless otherwise ordered, refund the same so the party by whom the same was
deposited.
57. To be deemed costs in the cause: - Unless otherwise ordered, all fees paid
to assessors under these rules shall be deemed to be costs in the suit.
58. Summary Procedure by consent: - The parties to any suit may have the
same deart with, heard and determined in accordance with the foflowing speciar
rules upon firing in the Registry, a consent signed by the parties or their Advocates
in the form given in the Appendix to these Rules.
59. Application to fix hearing and
filed, application may be made to
hearing and to give directions.
give directions:- After such consent has been
the Court by any party to appoint a day for
60. No pleadings: . There shall be no pleadings
verified by affidavit, but if there be a counter_claim,
writing before such consent as aforesaid is signed.
beyond a statement of claim
notice thereof shall be given in
61. List of documents: - inspection-List of documents shall be exchanged and
mutual rnspection of documents given at or before a time appointed by the court on
the hearing of the application aforesaid.
1,7
62. Hearing of application: - At the hearing of the application aforesatd unless it
shall sufficiently appear from the statement of claim or otherwise in writing, the
plaintiff shall specify the cause or causes of action in respect of which the suit is
brought and if practicable, the amount actually claimed, and the defendant shall
specify the grounds of defence on which he relied and in salvage claims, the
plaintiff and the defendant respectively shall, at the time or within such time as the
Court shalt direct, state the values of their property and, if required, by affidavit. ln
the case of a counter-claim, the cause or causes of action and the claim therein and
grounds of defence thereto shall be similarly stated.
63. Evidence: - The Court shall be at liberty to receive, call for, and act upon, such
evidence, documentary or otherwise, whether legally admissible or not, as it may
think fit.
64. Costs: - lf in any suit, the sum awarded, or for which judgment is given,
exceeds the sum, if any, tendered, the Court hearing be case may never the less
exercise his discretion as to how and by whom the costs shall be borne.
65. ln other respects ordinary rules shall apply: 'ln other respects, the ordinary
rules and practice shall apply so far as may be necessary. Notwithstanding anything
contained in this special rule, the Bench hearing the case may if it thinks fit, make
such order as it may make under the ordinary rules and practice.
66. Summary Procedure:
(1) lf in an action rn rern, summons has been served on a defendant and the
defendant has given notice of intention to defend the action, the plaintiff
may apply before the Court for judgment against the defendant on the
ground that the defendant has no defence,-
(a) to the claim included in the plaint, or
(b) to a part of such claims; or
(c) except as to the amount of any damage as claimed.
An application under sub rule ('1 ) must be made by notice of motion or
summons supported by an affidavit verifying the facts on which the claim
or part of the claim to which the application relates is based and stating
that in the deponent's belief there is no defence to that claim or part, as
12)
the case may be or no defence except to the amount of any damage as
claimed.
(3)
Unless the Court otherwise directs, an affidavit for the purpose of this rule
may contain statement of information or belief and the sources and
grounds thereof.
(4) The notice of motion, a copy of the affidavit in support thereof and of any
exhibit referred therein must be served on the defendant not less than 10
clear days before the return date.
(5) Unless on the hearing of an application under sub rule (.1) either the Court
dismisses application or the defendanl satisfies the Court with respect to
the claim or part of a claim to which the application relates that there is an
issue or question in dispute which ought to be tried or that there ought to
be some reason to be a trial of that claim or part, the Court may give such
judgment for the plaintiff against the defendant on that claim or part as
may be just in regard lo the nature or remedy to be claimed.
(6) The Court may by order and subject to such conditions, if any, as may be
just stay execution of any judgment given against the defendant under this
rule until after the trial of a counter-claim made or raised by the defendant
in the action.
(71 Defendant may show cause against an application under sub rule (1) by
affidavit or otherwise to the satisfaction of the Court.
(8) The court may give reave to defendant against whom such an apprication
has been made reave to defend the action with respect to the craim or the
part of a claim to which the application relates eirher unconditionally or on
such terms as to give security or time or may on triar or otherwise as it
thinks fit.
(9) On the hearing of such application, the Court may order a defendant
showing cause or where the defendant is a vesser, the master or first
officer, owner or charterer or manager of the vesser and in the case of any
other property, the owner or person having custody thereof.
(10) To produce any document if it appears to the court that there are speciar
circumstances which make it desirabre that he shourd do so to attend and
be examined on oath.
(11) where a defendant to an action in rem, has served a counter-craim on the
plaintiff then the defendant may contend on the ground that the praintiff
has no ground to defend the defence to the claim made in the counter-
claim or to a particular part of such counter-claim and may apply to the
Court for judgment against the plaintiff on that claim or part thereof.
(12) The above rules with regard to the application filed by the plaintiff shall
apply mutatis mutandis to the application filed by a defendant in support of
its counter-claim.
(13) The above rules would only apply to actions in rem and by or against a
defendant sued rn rem.
Supersession of Rules
67. These rules to supersede previous rules: - This Rule shall apply to the
suits, actions, claims or appeals brought in the Court in the exercise of its
admiralty jurisdiction in supersession of all former rules which may have been in
force or deemed to have been in force including 'The Admiralty Rules of the
Orissa High Court, 1981', which is/are hereby repealed. The existing Rule made
by the Court referred to as Admiralty Rules of the Orissa High Court, 1981 is
hereby repealed.
SCHEDULE OF FEES AND CHARGES
st. No.
Fees for or on
Rs.
Fees for serving each summons or notice to a
defendant or a witness.
Rs.500.00
Fees for executing a warrant of arrest or order
of arrest
Rs.500.00
Fees for serving any iniunction, order or
process not otherwise provided for
Rs.500.00
Any other fees not provided specifically in the
schedule
Rs.200.00
By Order of the High Court of Orissa
sd/-
L.K. DASH
REGISTRAR (JUDICIAL)
Form No. I
[Rule 58]
Form of consent to the application of surnmary procedure
ln the High Court of Orissa, Cuttack
(Admiralty J urisdiction)
Between :
and
we the undersigned respectively hereby agree that this cause
and determined according to the Summary procedure.
... Plaintiff
... Defendant
shall be dealt with, heard
Dated this................. day of.............20
Plaintiffs Advocate
Defendant's Advocate
Note - As the above mentioned Rules depart from the ordinary rules and practice, it will
be necessary for Advocates signing this consent to obtain their clients' authority to
do so.
Form No.2
[Rules 9 and 47]
Writ of summons in Admiralty Suits in rem
Suit No......... of 20......
ln the High Court of Orissa, Cuttack
(Admiralty Jurisdictions)
Between :
... Plaintiff
... Defendant
To
The owners and parties interested in the Ship or Vessel of the port of (or cargo and freight,
etc., as the case may be).
Greeting ' Where {enter the name, description and addre.ss of the ptaintiff) has instituted a
suit in his Caurt against you (set out concise statement as appearing in the ptaint or attach
ptaint):You are hereby required to cause an appearance to be entered for you in the
and
2t
Registry (i.e., the office of the Registrar of this Court) within ..........days from the service
upon you of this summons, exclusive of the day of such service; and are summoned to
appear before this Court in person or by an Advocate duly instructed to answer the
plaintiff's clairn on the day the case is set down for hearing, upon which date you rnust be
prepared to produce all your witnesses and all documents in your possession or power
upon which you intend to rely in support of your case and you are hereby required to take
notice that in default of your causing an appearance to be so entered the suit will be llable
to be heard and determined in your absence, and if the property described In this writ is
then under the arrest of the Court, it may be sold by the order of the Court.
Witness....
...Chief Justice of the High Court of Orissa at Cuttack the..............
day at............in the year of one thousand nine hundred and".
Advocate..
.. Registrar................
Note 1- An appearance in person or through Advocate is to be entered in the Registry,
within the time limited in default thereof, the suit will be liable to be heard ex
parte.
Note 2-The written statement called for must be filed along with your appearance or within
such time as permitted by the Court. ln default, the suit shall be liable to be
heard ex parte.
Note 3-This writ must be returned to the High Court immediately after the service thereof,
or, if not served and the time for the return thereof shall not have been extended
to a next date.
Note 4- Should you apprehend your witnesses will not attend of their own accord you can
have subpoenas from this Court to compel the attendance of any witness and
the production of any document that you to have a right to call upon the witness
to produce, on applying to the Court at any time before the trial, and on payment
to them of the fees and expenses prescribed by the Rules of this Court.
Note 5- lf you admit the demand, you should pay the money into Court with the costs of
the suit to avoid sale of any property in respect of which the suit is brought or
execution of the decree which may be against your person or property, or both.
Form No.3
IRule5]
Praecipe for warrant
Suit No..............of 20...............
ln the High Court of Orissa Cuttack
(Admiralty Ju risd iction)
Between :
... Plaintiff
and
... Defendant
f ' '..'..'......'
Advocate, for the (state whether ptaintiff or defendant), pray a warrant
to arrest (sfafe name and nature of property).
Dated the......................day of.....................20......
Advocate
(To be signed by the Advocate)
Form No.4
I Rule5 ]
Warrant of Arrest in Admiralty
Suit in rem
Suit No..................of ................20.........
ln the High Court of Orissa Cuttack
(Admiralty Jurisdiction )
Between :
... Plaintiff
and
... Defendant
To the Marshal,
We hereby cornmand you to arrest the ship or vessel of the port of....................(and the
cargo and freight, etc., as the case may be) and to keep the same under safe arrest, until
you shall receive further orders from us.
witness................chief Justice of the High court of orissa at cuttack ..............the
day"'.'.".........of...............in the year of one thousand nine hundred and......
Registrar
Form No. 5
I Rule 10 ]
Writ of Summons in Admiralty action ir, personam
ln the High Court of Orissa, Cuttack
(Admiralty Jurisdiction)
Between :
... Plaintiff
... Defendant
To
(Address)
Greeting : Whereas (enter the name and description and address of the plaintiff) has
instituted a suit in this Court against you (as per the plaint or concise statement attached),
you are hereby required to cause an appearance to be entered for you in the Registry (i.e.,
in the office of the Registrar of this court) within ...-.........days from the service upon you of
the summons, exclusive of day of such service, and are summoned to appeal before this
Court in person or by an Advocate duly instructed to answer the plaintiff's claim on the day
the case is set down for hearing, upon which day you must be prepared to produce all your
witnesses and all documenls in your possession or power upon which you intend to rely in
support of your case, and you are hereby required to take notice that in default of your
causing appearance t0 be so entered, the suit will be liable to be heard and determined in
your absence.
Witness...-.."...-...Chief Justice of the High Court of Orissa at Cuitack the . - "" "" day
of-............in the year one thousand nine hundred and...-.....'.. ..
Registrar
Advocate
Note 1- An appearance in person or through Advocate is to be entered in the Registry,
within the time limited. ln default thereof, the suit will be liable to be heard ex
parte.
Note 2-The written statement called for must be filed within the time limited, the defendant
having first entered an appearance. ln default thereof the suit will be liable to be
heard ex Pafte.
Note 3-This writ must be returned to the High Court immediately after the service thereof,
or, if not served and the time for the return thereof shall not have been extended
on the day of next.
and
Note 4-Should you apprehend your witnesses will not attend of their own accord you can
have subpoenas from this Court to compel the attendance of any witness and the
production of any document that you have a right to call upon the witness to
produce, on applying to the Court at any time before the trial and on payment to
them of the fees and expenses prescribed by the Rules of this Court.
Note 5- lf you admit the demand you should pay the money into court with the costs of
the suit to avoid sale of any property in respect of which the suit is brought or
execution of the decree which may be against your person or property, or both.
Form No. 6
IRule4&10 ]
Writ of summons in Admiralty action ,, rem and in personam
ln the High Court of Orissa, Guftack
(Admiralty Jurisdiction)
Admiralty action rn rern against
and rn personam against
Between
and
To the owners of and other persons interested in
(i.e., the Ship ....... of the port of ...........)
and 1o.............. (Address)
Greeting : whereas (enter the name and description and address of the ptaintiff) has
instituted a suit in this court against you (as per the plaint or concise statement
attached) you are hereby required to cause an appearance to be entered for you in the
Registry (r'e., in the office of rhe Registrar of this court) within.......".......days from the
service upon you of the summons exclusive of the day of such service, and are summoned
to appear before this court in person or by an Advocate duly instructed to answer the
plaintiff's claim on the day the case is set down for hearing, upon which day you must be
prepared to produce all your witnesses and all documents in your possession or power
upon which you intend to rely in support of your case, and you are hereby required to take
notice that in default of your causing appearance, the suil will be liable to be heard and
determined in your absence, and, if the property described in this writ is then under the
arrest of the Court. it may be sold by order of the Court.
... Plaintiff
... Defendant
Witness.........."...Chief Justice of the High Court of Orissa, Cuttack the................day
of.............in the year one thousand nine hundred and..............
Registrar
Advocate
Note 1-An appearance in person or through Advocate is to be entered in the Registry,
within the time limited. ln default thereof, the suit will be liable to be heard ex
Parte.
Note 2-The written statement called for must be filed within the time limited, the defendant
having first entered in appearance. ln default thereof the suit will be liable to be
heard ex parte.
Note 3-The writ must be returned to the High Court immediately after the service thereof,
or, it not served and the time for the return thereof shall not have been extended
on the.............day of............next.
Note 4-Should you apprehend your witnesses will not attend of their own accord you can
have subpoenas from this Court to compel the attendance of any witness and the
production of any document that you have a right to call upon the witness to
produce, on applying to the, Court at any time before the trial, and on payment to
them of the fees and expenses prescribed by the rules of this Court.
Note 5 - lf you admit the demand you should pay the money into the Court with the costs
of the suit to avoid sale of any property in respect of which the suit is brought or
execution of the decree which may be against your person or property, or both.
Form No.7
[Rule 11]
praecipes for service by the Marshal of any Instrument in rem other than a warrant
Suit No..............of..... .....20........ -.....
In the High Court of Orissa, Cuttack
(AdmiraltY Jurisdiction)
Between
... Praintiff
and
... Defendant
1................ Advocate for the (state whether plaintiff or defendant) pray that the
(state nature of the instrurnent) left herewith be duly executed.
Dated ihe...............day of 20........'.....
Advocate
To be signed by the Advocate
Form No.8
[Rule 271
Praecipe for appearance
Suit No..............of............20............
ln the High Court of Orissa, Cuttack
(Ad miralty J u risd iction )
Between
...Plaintiff
Versus
... Defendant
Enter an appearance for....
.........in this suit.
Dated the...............day of 20..............
(Signed)
Advocate for the Defendant
Address for service on............
Advocate for the sole defendant
Form No.9
[Rules 38{1) and 39 1
Praecipe for release
Suit No..............of 2A..........
ln the High Court of Orissa, Cuttack
(Admiralty Jurisd iction )
Between
... Plaintiff
Versus
... Defendant
1""""""""
'.....'.....'.Advocate for the (state whether plaintiff or defendant) in a
suit (state nature of suit), against the (state name and nature of property) now under arrest
by virtue of a warrant issued from the (bail having been given, or the suit having been
withdrawn by me before an appearance was entered therein, etc., as the case may be),
and there being no caveat against the release thereof outstanding.
Dated the day of.............. ....2A.........
Advocate
To be signed by the Advocate
j
It-
Form No. 10
[Rule 291
Release
Suit No..............of 20...........
ln the High Court of Orissa, Cuttack
(Ad miralty Jurisdiction )
To
The Marshal,
Greeting : Whereas in the above suit commenced in our High Court on behalf
of..............
..........against....
we did command you to arrest the
said................and to keep the same under safe arrest until you should receive further
orders from us. Now we do hereby command you to release the said ..............from the
arrest effected by virlue of our warrant in the said suit, upon payment being made to you of
all costs, charges and expenses attending the care and custody of the property whilst
under arrest in that suit.
Witness Chief Justice of the High Court of Orissa at Cuttack the day of...........in the year of
Two thousand and....
Release Registrar
Taken out by.............on the day of 20......................the.......or vesse|............... (or cargo
and freight, etc., as the case may be) released from arrest pursuant to this instrument of
release.
Registrar
Form No. 11
[Rule 31]
Praecipe for Caveat release
ln the High Court of Orissa, Cuttack
(AdmiraltY Jurisdiction)
Between
... Praintiff
Versus
... Defendant
1,...............
Advocate for the Plaintiff in this action Way a caveat against
the release of the (state name and nature of the property)
Dated the................day of 20.............
Advocate
To be signed by the Advacate
Form No. 12
[Rule 30]
Praecipe for Caveat Warrant
Suit No..............of 20..........
ln the High Court of Orissa, Cuttack
(Admiralty Jurisd iction )
Between
Versus
... Plaintiff
... Defendant
l, ..'..'...'.......(sfafe name, address and description) hereby undertake to enter an
appearance in any suit that may be commenced in this Hon'ble Court against (sfafe name
and nature of the property) and within three days after I shall have been served with a
copy of the plaint in such suit to give bail therein in a sum not exceeding (sfafe amount for
which the undertaking is given) Rupees or to pay such sum into the Registry. And I
consent that all instruments and other documents in such suit may be left for me at..........
Dated the................day of.............. ..20............
Advocate
To be signed by the Advocate
Form No. 13
[Rule 30]
Praecipe for caveat warrant by plaintiff
Suit No..............of 20..........
ln the High Court of Orissa, Cuttack
(Admiratty Jurisdiction)
Between
versus
"' Plaintiff
... Defendant
1,..-..'..'.."..'...'(sfate name, address and descripfrbn) hereby undertake within three days
after I shall have been served with a notice of any counterclaim herein in respect of which
the defendant is entitled to. Arrest (sfafe name and nature of property) to give bail to
answer such counter-claim in a sum not exceeding (sfafe amount for which the
undertaking is given\ Rupees ...............or to pay such sum into the Registry.
Dated the...............day of.............. ............20..
Advocate
To be signed by the Advocate
Form No. 14
[Rule 36]
Praecipe to withdraw Gaveat
Suit No............. .of 20..........
ln the High Court of Orissa, Cuttack
(Admiralty Jurisdiction)
Between
... Plaintiff
Yersus
... Defendant
1,.............................Advocate for the (state whether plaintiff or defendant) pray that the
caveat against (stafe tenor of caveat), entered by me on the day
of ....................20........"...on behalf of (state name) may be withdrawn'
Dated the...............day of.............20...........
(Signed)
(To be signed by the person by whom the praecipe for the, entry of the caveat was signed)
OGp/SBp Ex.caz. 497 _ 17 3+ 1 20
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