Topic
The Supreme Court held that arrest under Admiralty Act 5(2) requires an ongoing demise charterer status. A termination notice ending a bareboat charterparty ends that status, so arrest cannot be sustained and owners are protected from sister ship arrests.
The Bombay High Court has ruled that under Section 14 of the Indian Ports Act, 1908, only the registered vessel owner bears legal responsibility for wreck removal - not time charterers or cargo owners. This clarifies a critical boundary in maritime liability, protecting commercial stakeholders from unforeseen statutory obligations and mandating the Mumbai Port Trust to refund ₹4.09 crore deposited by the petitioner.
Bombay High Court holds that dispute over vessel possession constitutes a maritime claim under Section 4(1)(a) of the Admiralty Act, 2017, justifying arrest under Section 5(1)(d).