The Hindu Business Line : HC orders detention of Indonesian vessel

Kochi, Oct 16 The Kerala High Court on Tuesday ordered the arrest and detention of a cargo vessel owned by an Indonesian company when it enters the Indian territorial waters.

The court passed the order on a petition moved by the Kochi-based Western Marine Engineering towards realising the amount outstanding to the company on account of the repairs carried out to the vessel, while it was berthed in Kochi three months back. The court directed the Deputy Conservator of Kochi Port to arrest and detain the vessel – MV Layer Sentosa – when it enters the Indian territorial waters.

Under the International Maritime Law, the Deputy Conservator has the power to arrest the ship when it enters any port under the jurisdiction of Indian territorial waters.

Mr Joy Thattil, who appeared in the court for the Kochi-based company, said that this is the first time in the maritime legal history that an Indian High Court ordering anticipatory arrest and detention of a foreign vessel which is not within Indian Territorial Waters or under the Admiralty jurisdiction of any High Court.

He pointed out that the Mercantile Marine Department, Kochi, had detained the vessel three months ago when it berthed in Kochi Port with cargo on the ground that the vessel was not seaworthy.

Subsequently, the Indonesian Company, P.T. Bina Usaha Maritime had entrusted Western Marine Engineering to carry out the repair and maintenance of the vessel.

The company carried out the work to the tune of Rs 48 lakh and issued the completion certificate before settling the final accounts as the delay would cause huge financial loss to the vessel daily. But the vessel never turned back to India to pay the amount, he said.

More Stories on : Shipping | Courts/Legal Issues

Article E-Mail :: Comment :: Syndication :: Printer Friendly Page

Stories in this Section
‘Navi Mumbai airport bidding to be completed in 2008’

HMSHost wins GMR F&B contract

A-I Express inducts 10th owned aircraft

Pratt & Whitney to grow biz in India

HC orders detention of Indonesian vessel

Rice ships stranded at Kakinada

Bharati, Apeejay tie up to build shipyard

Vallarpadam project: Plea to speed up land acquisition

Indo-Mauritius working group set up

‘Domestic container market poised to grow’

NBHC investing Rs 5,000 cr to set up 200 warehouses

Concor tariff on tea irks Irugur ICD users

Investors accept Rlys’ cap of 14% returns, 30-year ownership