Pages

Saturday, September 30, 2017

Novation of Agreement & Change of Ownership while Vessel is under Arrest [M.V. Nikolaos-S]

Arrest of Vessel - Ship IndiaCertain fundamental principles of maritime law in India were re-visited by the Hon’ble Supreme Court in its Judgment dated 14th September 2017 in Chrisomar Corp. v. MJR Steels Pvt. Ltd. [Civil Appeal No. 1930 of 2008], which can be found here. It is pertinent to note that at the time of passing of the Judgment the Admiralty (Jurisdiction & Settlement of Maritime Claims) Act, 20117 passed by Parliament had not come into force.
Brief Facts:
Without going into the   detailed dates of events, the relevant facts leading to filing of the Civil Appeal are as follows:
The Appellants supplied the Vessel M.V. Nikolaos-S with bunkers and other necessaries. Due to non-payment the Appellants were compelled to obtain an order of arrest, a settlement agreement was entered into between the Appellants & the Owners, and the Ld. Single Judge was pleased to set aside the arrest. Now after entering the settlement agreement but before the order of vacation of arrest was passed the Vessel was sold to the Respondent No. 1. Thereafter, the Appellant applied to the Ld. Single Judge seeking re-arrest on the ground of breach of the settlement agreement. An order of re-arrest came to be passed. According to the learned single Judge, the arrest order made it clear that the Admiralty Suit was kept alive and remained alive on the date of the re-arrest. All that was done by the order of re-arrest was to recall the order of vacation of arrest, and when that was done, the original order of arrest was automatically revived. This being the case, it is clear that the plaintiffs were entitled to recover their dues.
In an appeal filed by the Respondent No. 1 before the Division Bench, the D.B. applied section 62 of the Indian Contract Act, 1872 to the out of court settlement and stated that as there was a novatio of the original agreement in law, the original cause of action pleaded in Admiralty Suit no longer subsisted. Therefore, the claim made in the suit was held to have been abandoned when the settlement was acted upon. In this view of the case, the Division Bench reversed the single Judge’s decision and held that the suit was liable to be dismissed on all these grounds.
Issues:
1) Whether a settlement agreement would amount to novation of the original agreement, thus defeating the right in rem against the Vessel?
2) Whether necessaries supplied to the Vessel amounted to maritime lien or merely a maritime claim?
The other issues in the Appeal are not being gone into in this article.
Observations of the Court:
a) The Calcutta High Court in Bailey Petroleum Co. v. Owners & parties interested in the vessel M.V. Dignity [(1993) 2 CHN 208] had held that supply of necessaries do not create a maritime lien.
b) The Brussels Convention relating to the Arrest of Sea-Going Ships, 1992 did not list supply and necessaries as ‘maritime liens’.
c) Though India is not a signature of the Brussels Convention by the Supreme Courts’ Judgment M.V. Elisabeth and others v. Harwan Investment and Trading Private Limited, [1993 Supp. (2) SCC 433 at 462], the Convention was incorporated as part of India’s national law.
d) Thus, (as per Article 3(1)(a) of the Convention) a maritime claim can be asserted only at the time the arrest is effected and not at the time of institution of the Suit.
e) The judgment Mona S. [(1967) 2 LLR 113] as followed in Re: Aro Co. Ltd. [1980 1 All ER 1067] could not be followed as they were passed prior to the 1999 Brussels Convention.
f) While distinguishing section 62 and 63 of the Indian Contract Act, the Hon’ble Court held that the word “alter” in Section 62 of the Contract Act. In order that a contract that is altered in material particulars fall under Section 62, it must be clear that the alteration must go to the very root of the original contract and change its essential character, so that the modified contract must be read as doing away with the original contract. If the modified contract has no independent contractual force, in that it has no meaning and content separately from and independently of the original contract, it is clear that there is no new contract which comes into being. The original terms continue to be part of the modified contract except to the extent that they are inconsistent with the modifications made. Thus, in the present case, section 63 was applicable.
Thus, the Division Bench’s decision was set aside and the Single Judge’ decision was upheld.
------------------------

 admiralty law, maritime, consent terms, settlement agreement, arrest, vacation, re-arrest,

110 comments:

  1. This is my first time visit at here and i am really impressed to read
    everthing at alone place.

    ReplyDelete
  2. You are so interesting! I don't think I've truly read through something like
    this before. So good to discover another person with some original thoughts on this topic.
    Really.. many thanks for starting this up. This web site is something that is required on the internet, someone
    with a little originality!

    ReplyDelete
  3. Very good write-up. I certainly love this site. Thanks!

    ReplyDelete
  4. I like reading a post that can make men and women think.
    Also, thanks for allowing me to comment!

    ReplyDelete
  5. It's very straightforward to find out any topic on net as
    compared to textbooks, as I found this paragraph
    at this web site.

    ReplyDelete
  6. First of all I would like to say terrific blog! I had a quick question that I'd like tto ask if you don't mind.
    I was interested to find out how you center yourself and clear your mind prior too
    writing. I've hadd a dkfficult time clearing my mind in getting my ideas out there.
    I do enjoy writing but it just seems like the first 10
    too 15 minutes are generally wasted just trying to figure out how to begin.Any
    suggestions or hints? Kudos!

    ReplyDelete
  7. Your style is so unique in comparison to other folks I've read stuff from.
    Thank you for posting when you've got the opportunity,
    Guess I'll just book mark this site.

    ReplyDelete
  8. I'm not sure where you're getting your information, but great topic.

    I needs to spend some time learning more or understanding more.

    Thanks for great info I was looking for this info for
    my mission.

    ReplyDelete
  9. It's the best time to make some plans for the future and it's time to be happy.

    I have read this post and if I could I want to suggest you some interesting things or tips.
    Perhaps you can write next articles referring to this article.
    I wish to read more things about it!

    ReplyDelete
  10. Howdy! This blog post could not be written any better!
    Looking at this post reminds me of my previous roommate!
    He continually kept preaching about this. I am going to send this information to him.
    Fairly certain he's going to have a very good read.

    Thanks for sharing!

    ReplyDelete
  11. Please let me know if you're looking for a article author for your weblog.
    You have some really great posts and I think I
    would be a good asset. If you ever want to take some of the load
    off, I'd really like to write some articles for your blog in exchange for a link back to mine.

    Please blast me an email if interested. Thank you!

    ReplyDelete
  12. Hi to every , for the reason that I am truly eager of reading this weblog's post to be updated regularly.
    It consists of fastidious material.

    ReplyDelete
  13. It's an remarkable post designed for all the internet
    people; they will obtain advantage from it I am sure.

    ReplyDelete
  14. We stumbled over here by a different web page and thought I
    might check things out. I like what I see so i am just following you.
    Look forward to going over your web page for a second time.

    ReplyDelete
  15. What's up, I would like to subscribe for this blog to obtain latest updates, thus where
    can i do it please assist.

    ReplyDelete
  16. Really no matter if someone doesn't know after that its
    up to other users that they will help, so here it takes
    place.

    ReplyDelete
  17. Everyone loves it when people come together and share ideas.
    Great blog, keep it up!

    ReplyDelete
  18. I quite like reading an article that will make men and women think.
    Also, thank you for permitting me to comment!

    ReplyDelete
  19. There is definately a lot to know about this issue. I really like
    all of the points you have made.

    ReplyDelete
  20. After looking at a handful of the blog posts on your web
    page, I truly like your way of writing a blog.

    I book-marked it to my bookmark webpage list and will be checking
    back soon. Take a look at my website as well and let me know how you feel.

    ReplyDelete
  21. Attractive element of content. I simply stumbled upon your weblog and in accession capital to claim that I acquire
    actually enjoyed account your weblog posts. Any way I will be subscribing to your feeds or even I achievement you get admission to
    constantly quickly.

    ReplyDelete
  22. When someone writes an article he/she maintains the plan of
    a user in his/her mind that how a user can be aware of
    it. Therefore that's why this article is perfect. Thanks!

    ReplyDelete
  23. No matter if some one searches for his vital thing, thus
    he/she desires to be available that in detail, thus that thing is
    maintained over here.

    ReplyDelete
  24. This information is worth everyone's attention. How can I find out more?

    ReplyDelete
  25. It's remarkable for me to have a website, which is beneficial in support of my experience.

    thanks admin

    ReplyDelete
  26. Its such as you learn my thoughts! You seem to know so much about this,
    like you wrote the e-book in it or something.
    I believe that you simply can do with a few %
    to pressure the message house a bit, however instead of that, that
    is excellent blog. A fantastic read. I'll certainly be back.

    ReplyDelete
  27. This is very interesting, You're a very skilled blogger.
    I have joined your feed and look forward to seeking more of your wonderful post.
    Also, I've shared your website in my social networks!

    ReplyDelete
  28. It's really a cool and helpful piece of information. I'm glad that
    you shared this helpful information with us.
    Please keep us informed like this. Thank you for sharing.

    ReplyDelete
  29. Your mode of describing all in this paragraph is actually
    pleasant, all be able to easily understand it, Thanks a lot.

    ReplyDelete
  30. Nice blog right here! Also your web site quite a bit up fast!
    What web host are you using? Can I am getting your
    associate hyperlink to your host? I desire my web site loaded up as fast
    as yours lol

    ReplyDelete
  31. What a information of un-ambiguity and preserveness of precious know-how
    about unpredicted feelings.

    ReplyDelete
  32. Magnificent beat ! I would like to apprentice while you
    amend your site, how could i subscribe for a blog website?
    The account aided me a acceptable deal. I had been a little bit acquainted of this your broadcast provided bright clear concept

    ReplyDelete
  33. Nice post. I used to be checking continuously this weblog and I am inspired!
    Very useful information specifically the closing
    part :) I maintain such info a lot. I was looking for this particular info for a long time.
    Thank you and good luck.

    ReplyDelete
  34. If you wish for to obtain a good deal from this piece of
    writing then you have to apply such methods to your won blog.

    ReplyDelete
  35. I do not even know how I ended up here, but I thought this post was great.
    I don't know who you are but certainly you're going to a famous blogger if you
    aren't already ;) Cheers!

    ReplyDelete
  36. This is the perfect blog for anyone who wishes to find out about this
    topic. You understand so much its almost tough to argue with you (not that I really
    would want to…HaHa). You certainly put a brand new spin on a
    topic that's been discussed for ages. Wonderful stuff, just wonderful!

    ReplyDelete
  37. Keep on writing, great job!

    ReplyDelete
  38. Hello, this weekend is pleasant in support of me, since this point in time i am reading this enormous informative post
    here at my house.

    ReplyDelete
  39. Thank you for some other informative web site.
    The place else could I get that kind of information written in such a perfect
    approach? I've a mission that I am just now operating on, and I've
    been at the glance out for such info.

    ReplyDelete
  40. Thank you for the auspicious writeup. It in fact was a amusement account it.

    Look advanced to far added agreeable from
    you! By the way, how can we communicate?

    ReplyDelete
  41. Pretty component of content. I just stumbled upon your web site and in accession capital to say that I acquire in fact
    loved account your weblog posts. Anyway I'll be subscribing for your augment or even I fulfillment you get entry to constantly rapidly.

    ReplyDelete
  42. Your means of telling everything in this post is truly pleasant, every one can effortlessly
    be aware of it, Thanks a lot.

    ReplyDelete
  43. Its not my first time to go to see this web site, i am visiting this web site dailly and get good information from here
    every day.

    ReplyDelete
  44. Do you mind if I quote a few of your posts as
    long as I provide credit and sources back to your webpage?
    My website is in the exact same niche as yours and my users would certainly benefit from a lot of
    the information you provide here. Please let me
    know if this ok with you. Cheers!

    ReplyDelete
  45. There is definately a lot to find out about this issue.
    I love all of the points you've made.

    ReplyDelete
  46. It's a shame you don't have a donate button! I'd without a doubt donate to this brilliant blog!
    I suppose for now i'll settle for book-marking and adding your RSS feed to my Google account.
    I look forward to fresh updates and will talk about this
    site with my Facebook group. Talk soon!

    ReplyDelete
  47. Every weekend i used to pay a quick visit this website, as i
    wish for enjoyment, as this this web site conations truly
    nice funny data too.

    ReplyDelete
  48. It's amazing to go to see this web site and reading the views of
    all mates about this post, while I am also eager of getting experience.

    ReplyDelete
  49. Because the admin of this site is working, no doubt very quickly it
    will be famous, due to its quality contents.

    ReplyDelete
  50. Asking questions are truly nice thing if you are not understanding anything totally, however this piece of writing presents nice
    understanding yet.

    ReplyDelete
  51. I am genuinely thankful to the holder of this website who has shared this wonderful article at at
    this time.

    ReplyDelete
  52. I am regular visitor, how are you everybody?
    This paragraph posted at this site is genuinely fastidious.

    ReplyDelete
  53. I was able to find good information from your blog articles.

    ReplyDelete
  54. Terrific work! That is the type of info that should be shared across
    the web. Shame on Google for now not positioning this publish higher!
    Come on over and discuss with my website . Thank you =)

    ReplyDelete
  55. Hi there would you mind stating which blog platform
    you're using? I'm looking to start my own blog in the near future but I'm having a tough time deciding
    between BlogEngine/Wordpress/B2evolution and Drupal.
    The reason I ask is because your layout seems different then most blogs and I'm looking for something completely unique.
    P.S Sorry for getting off-topic but I had to ask!

    ReplyDelete
  56. I got this web page from my friend who told me concerning this web page and
    now this time I am browsing this site and reading very informative articles
    or reviews at this place.

    ReplyDelete
  57. Magnificent goods from you, man. I have understand your stuff previous to
    and you're just too wonderful. I really like what you've acquired here,
    really like what you're saying and the way in which
    you say it. You make it entertaining and you still take care of to keep it sensible.
    I can't wait to read much more from you. This is really a terrific
    web site.

    ReplyDelete
  58. I was suggested this website by way of my cousin. I am no longer sure whether or not this put up is written by way of him
    as nobody else recognize such designated about my difficulty.
    You're amazing! Thanks!

    ReplyDelete
  59. Good information. Lucky me I found your blog by chance
    (stumbleupon). I've bookmarked it for later!

    ReplyDelete
  60. I'm really loving the theme/design of your weblog.
    Do you ever run into any internet browser compatibility problems?
    A couple of my blog visitors have complained about my website not operating correctly
    in Explorer but looks great in Firefox. Do you
    have any ideas to help fix this problem?

    ReplyDelete
  61. Awesome! Its truly amazing paragraph, I have got much clear idea regarding from this piece of writing.

    ReplyDelete
  62. This is a very good tip especially to those fresh to the blogosphere.

    Brief but very accurate info… Appreciate your sharing
    this one. A must read article!

    ReplyDelete
  63. I've read some good stuff here. Certainly price bookmarking for revisiting.

    I wonder how much attempt you set to create the sort of excellent informative web site.

    ReplyDelete
  64. It's remarkable designed for me to have a site, which is good in favor of my knowledge.
    thanks admin

    ReplyDelete
  65. Everything is very open with a really clear clarification of the challenges.
    It was truly informative. Your site is very useful. Thanks for
    sharing!

    ReplyDelete
  66. whoah this blog is excellent i love reading your posts.
    Stay up the great work! You realize, many individuals are searching round for this information, you could aid them greatly.

    ReplyDelete
  67. I'm no longer certain where you are getting your info, however great topic.
    I needs to spend some time finding out more or understanding more.
    Thank you for excellent information I used to be in search of this info for my mission.

    ReplyDelete
  68. Hi there, after reading this amazing piece of writing i am too glad to share my familiarity
    here with friends.

    ReplyDelete
  69. Hey there! I know this is somewhat off topic but I was wondering
    if you knew where I could get a captcha plugin for my comment form?
    I'm using the same blog platform as yours and I'm having problems finding one?
    Thanks a lot!

    ReplyDelete
  70. I have fun with, cause I found just what I was having a look for.
    You have ended my four day lengthy hunt! God Bless you man. Have a great day.
    Bye

    ReplyDelete
  71. whoah this blog is magnificent i really like reading your posts.
    Stay up the great work! You understand, lots of persons are looking round for this
    info, you could aid them greatly.

    ReplyDelete
  72. Awesome things here. I am very satisfied to look your
    article. Thank you a lot and I'm looking ahead to touch you.

    Will you kindly drop me a mail?

    ReplyDelete
  73. Someone necessarily help to make severely posts I'd state. This is the very first time I frequented
    your web page and so far? I surprised with the analysis you made
    to create this particular submit incredible. Great process!

    ReplyDelete
  74. Outstanding post however I was wanting to know if you could write a litte more on this topic?
    I'd be very thankful if you could elaborate a little bit further.
    Thanks!

    ReplyDelete
  75. You're so cool! I do not think I have read a single thing like that before.

    So nice to discover somebody with a few unique thoughts on this topic.
    Seriously.. many thanks for starting this up. This site is something
    that's needed on the web, someone with some originality!

    ReplyDelete
  76. Hiya very nice blog!! Guy .. Excellent .. Wonderful ..
    I'll bookmark your web site and take the feeds additionally?
    I'm satisfied to seek out numerous useful information here within the post, we want work out more strategies
    in this regard, thanks for sharing. . . . . .

    ReplyDelete
  77. Outstanding story there. What occurred after?
    Take care!

    ReplyDelete
  78. Link exchange is nothing else except it is simply placing
    the other person's web site link on your page at suitable place
    and other person will also do same in favor of you.

    ReplyDelete
  79. Excellent article! We are linking to this great post on our
    website. Keep up the great writing.

    ReplyDelete
  80. Hello there! I just would like to give you a big thumbs up for your great info you have here on this post.

    I'll be coming back to your blog for more soon.

    ReplyDelete
  81. Excellent, what a website it is! This webpage presents useful facts
    to us, keep it up.

    ReplyDelete
  82. What a material of un-ambiguity and preserveness of valuable
    experience concerning unexpected emotions.

    ReplyDelete
  83. Hi there! I could have sworn I've been to this site before but after looking at a
    few of the posts I realized it's new to me.
    Anyhow, I'm definitely happy I stumbled upon it and I'll be book-marking it and checking back frequently!

    ReplyDelete
  84. Have you ever thought about publishing an e-book or guest authoring on other sites?
    I have a blog based upon on the same subjects you discuss and would really like to have you
    share some stories/information. I know my subscribers would value your work.
    If you are even remotely interested, feel free to shoot me
    an e mail.

    ReplyDelete
  85. After checking out a few of the blog articles on your website, I honestly appreciate
    your technique of writing a blog. I added it to my bookmark webpage list and will
    be checking back in the near future. Please visit my web site too and let me
    know your opinion.

    ReplyDelete
  86. Hello, always i used to check weblog posts here in the early hours in the
    daylight, for the reason that i like to find out more and more.

    ReplyDelete
  87. I have been browsing online more than 4 hours today, yet I
    never found any interesting article like yours. It is pretty worth enough for me.
    In my view, if all web owners and bloggers made
    good content as you did, the internet will be a lot more useful than ever before.

    ReplyDelete
  88. This design is incredible! You definitely know how to keep a
    reader amused. Between your wit and your videos, I was almost moved to
    start my own blog (well, almost...HaHa!) Great job.
    I really enjoyed what you had to say, and more than that, how you presented it.
    Too cool!

    ReplyDelete
  89. It's awesome to visit this website and reading the views of all colleagues concerning this article,
    while I am also zealous of getting knowledge.

    ReplyDelete
  90. This is a really good tip especially to those fresh to the blogosphere.
    Brief but very accurate information… Many thanks for sharing this one.

    A must read post!

    ReplyDelete
  91. Hi there! Do you know if they make any plugins to safeguard against hackers?
    I'm kinda paranoid about losing everything I've worked hard on. Any tips?

    ReplyDelete
  92. Hello it's me, I am also visiting this web page on a regular basis, this site is really
    pleasant and the people are really sharing pleasant thoughts.

    ReplyDelete
  93. Hello everybody, here every one is sharing such familiarity,
    therefore it's good to read this weblog, and I used to pay a
    quick visit this webpage everyday.

    ReplyDelete
  94. Wonderful blog! I found it while surfing around on Yahoo News.

    Do you have any suggestions on how to get listed in Yahoo News?
    I've been trying for a while but I never seem to get there!
    Many thanks

    ReplyDelete
  95. I blog often and I really appreciate your information. Your article has truly peaked my
    interest. I am going to bookmark your site and keep checking for new details about
    once per week. I opted in for your Feed too.

    ReplyDelete
  96. This information is worth everyone's attention. Where can I find out more?

    ReplyDelete
  97. Hmm is anyone else encountering problems with the pictures on this blog loading?
    I'm trying to find out if its a problem on my end or if it's
    the blog. Any responses would be greatly appreciated.

    ReplyDelete
  98. This site was... how do you say it? Relevant!! Finally I have found something
    which helped me. Thanks!

    ReplyDelete
  99. Appreciation to my father who shared with me concerning this website, this webpage is actually amazing.

    ReplyDelete
  100. Very nice write-up. I absolutely appreciate this website.
    Thanks!

    ReplyDelete
  101. Do you have a spam problem on this blog; I also am a blogger,
    and I was curious about your situation; we have created
    some nice procedures and we are looking to trade methods with other
    folks, why not shoot me an email if interested.

    ReplyDelete
  102. Have you ever thought about including a little
    bit more than just your articles? I mean, what you say is important and all.
    Nevertheless think about if you added some great visuals or video clips to give your posts more, "pop"!
    Your content is excellent but with images and clips, this blog could certainly be one
    of the most beneficial in its niche. Superb blog!

    ReplyDelete
  103. Nice post. I learn something totally new and challenging on websites I stumbleupon on a daily basis.
    It's always interesting to read through content from other writers
    and practice a little something from other websites.

    ReplyDelete
  104. Wow, awesome blog structure! How long have you been blogging
    for? you make running a blog glance easy. The full glance of your
    web site is fantastic, let alone the content material!

    ReplyDelete
  105. I know this website presents quality depending posts and extra data, is there any other
    web page which gives such stuff in quality?

    ReplyDelete
  106. Very shortly this web site will be famous amid all blog visitors, due to
    it's good content

    ReplyDelete
  107. This info is invaluable. Where can I find out more?

    ReplyDelete
  108. Great blog you have here.. It's difficult to find good quality writing
    like yours these days. I honestly appreciate individuals
    like you! Take care!!

    ReplyDelete
  109. Thanks for sharing.This is nice and helpful post.

    联邦法院上诉

    ReplyDelete