Supreme Court of India

M.V. Al. Quamar v. Tsavliris Salvage (international) Ltd. and Ors.

Neutral citation

Reported as [2000] SUPP. 2 S.C.R. 440

Bench S.B. Majmudar and Umesh C. Banerjee JJ.

Decided 17 August 2000

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that Section 44-A was rightly invoked by Respondent No. 1 against Respondent No. 2 and also against the vessel M. V. Al Tabish, which, according to Respondent No. l, is renamed as M. V. Al Quamar and, which according to him, still belongs to its judgment-debtor Respondent No.

Judgment, page 50

From the headnote

Admiralty law : Admiralty Courts Act, 1890-Section 15-Civil Procedure Code, 1908- Sections 44- , 112(2) and 140-Execution Petition-For execution offoreign judgment passed in admiralty jurisdiction-Maintainability of-Applicability of Section 44- -Held, Section 44- of CPC indicates an independent right, conferred on to a foreign decree holder for enforcement of its decree in lndia The factum of the passing of the decree and the assumption of jurisdiction pertaining thereto, do not obstruct the full play of the provisions of the Sec- lion-Section 112(2) of CPC does not render the Code

Authorities it was built on

1992 M.V. Elisabeth and Ors. v. Harwan Investment and Trading Pvt. Ltd., Hanoekar House, Swatontapeth, Vasco-de-gama, Goa cited by 16

Where later benches applied it

2017 Chrisomar Corporation v. Mjr Steels Private Limited & Anr. relied on
2006 O. Konavalov v. Commander, Coast Guard Region and Ors. mentioned
2003 State of Punjab and Anr. v. Mis. Devans Modern Breweries and Anr. Etc. mentioned
2003 Liverpool and London S.P. and I Asson. Ltd. v. M.V. Sea Success I and Anr. mentioned
2002 Epoch Enterrepots v. M.V. Won Fu mentioned

Of those, 1 relied on · 4 mentioned

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