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Can’t Detain Foreign Ship Berthed In Port Which Is Within Jurisdiction Of Another HC

In ANTHONIYARPICHA vs MV MAYUREE NAREE, the petitioner had approached the Kerala High Court after their fishing boat and accessories, including fishing nets, were destroyed by a foreign ship off the coast of Kochi. They had prayed for detaining the ship under subsection (1) of Section 443 of the Merchant Shipping Act, 1958. The petitioner's Advocate contended that a part of the cause of action arises within the jurisdiction of the Kerala High Court and, hence, it has territorial jurisdiction to maintain the plea, though the ship is berthed in port in Odisha.

The high court noted that Sub-Section (1) of Section 443 of the Act only provides that the high court may detain a foreign ship which caused damage to the Government or to a citizen of India or to an Indian company by reason of the specific acts mentioned therein, when it is found within Indian jurisdiction and it does not provide which High Court in India should exercise the jurisdiction. However if the argument advanced by the petitioners is accepted, High Courts in India will have concurrent jurisdiction to exercise the power under sub section (1) Section 443 of the Act. The scheme of Section 443 does not indicate that exercise of concurrent jurisdiction by different High Courts under Section 443 is contemplated under the statute.


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