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Maritime claim can be enforced only against de jure owner of a ship

In SUNIL B. NAIK vs GEOWAVE COMMANDER, settling an important point of law in admiralty jurisdiction, the Supreme Court has held that a maritime claim against the charterer of a ship, who is not the de jure owner of the ship, cannot be enforced through a restraint order against the ship owned by a third party. The Supreme Court bench comprising Justice J Chelameswar and Justice SK Kaul was considering appeals challenging the refusal of Bombay High Court to enforce maritime claims through the arrest of vessel Geowave Commander.

The vessel Geowave Commander was chartered and hired by Reflect Geophysical Pte Ltd, to carry out seismic survey operations off the coast of Gujarat near Okha port in the year 2012 as per tender awarded by ONGC.

 Article referred: http://www.livelaw.in/chartered-ship-owned-third-party-cant-arrested-maritime-claim-charterer-sc-read-judgment/

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