Section 12. Application of Code of Civil Procedure
The provisions of the Code of Civil Procedure, 1908 (5 of 1908) shall apply in all the proceedings before the High Court in so far as they are not inconsistent with or contrary to the provisions of this Act or the rules made thereunder.
Judgements applying section 12
Admiralty suit; arrest of vessel in rem; Ocean Jade (IMO:9660750); Ocean Morganite (IMO:9676498); Paradip Port; Alphard Maritime Ltd.; Samson Maritime Ltd.; USCL; Settlement Agreement; Singapore Chamber of Maritime Arbitration; Gujarat admiralty suit AS(R) 3/2025; Transfer Petition (Civil) 906-907/2025 dismissed;
DismissedOpenIme General Insurance Limited Vs the Owner and Parties Interested in the Vessel M v Vsl Ssl Kolkata and Ors.
Outcome: Dismissedadmiralty jurisdiction; Commercial Courts Act 2015; Commercial Division; Commercial Court; Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017; section 17 repeal; Letters Patent 1865 Clause 31; maritime claim; marine insurance premium; vessel M.V. VSL SSL Kolkata; return of plaint;
DismissedOpenLumbini General Insurance Limited Vs the Owners and Parties Interested in the Vessel M v Vsl Ssl Kol and Ors.
Outcome: DismissedCalcutta High Court, Admiralty Original Side, Ravi Krishan Kapur, J., judgment dated 05.09.2024 in AS 6-11 of 2019 (with GA 3-5/2023): maintainability of admiralty suits post-Commercial Courts Act 2015; maritime claims as 'commercial disputes' (s.2(1)(c)(iii)); ss.3, 6, 7, 11, 15, 16 CC Act;
DismissedOpenSiddhartha Insurance Ltd. Vs the Owners and Parties Interested in the Vessel M .v. Vsl Ssl Kolkata and Ors.
Outcome: DismissedAdmiralty suits filed post-commencement of the Commercial Courts Act, 2015 were held maintainable only before the Commercial Division. The court rejected the plaintiffs' transfer applications and allowed return of plaints for presentation before the Commercial Division.
DismissedOpenSiddhartha Insurance Limited Vs the Owners and Parties Interestedin the Vessel M.V Vsl Ssl Kolkata
Outcome: DismissedAdmiralty jurisdiction vs Commercial Courts Act 2015; maintainability of admiralty suit before Ordinary Original Division after CC Act; s.2(1)(c)(iii) CC Act admiralty and maritime law as commercial dispute; Commercial Division exclusive forum;
DismissedOpenOwners and Parties Interested in the Vessel M.V. Polaris Galaxy versus Banque Cantonale De Geneve
Outcome: AllowedAdmiralty appeal maintainability; addition of party under Order 1 Rule 10(2) CPC not appealable; Section 14 Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017 harmonised with Section 13 Commercial Courts Act 2015 and Order 43 Rule 1 CPC; conflicting non-obstante clauses; harmonious construction;
AllowedOpen
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The High Court granted a decree on admission against the sale proceeds of the vessel Nand Aparna for unpaid crew wages. Relying on the respondent's failure to appear or rebut claims, the court held the dues were admitted and enforced a maritime lien under the Admiralty Act.
Any other modeOpenHIGH COURT OF JUDICATURE
AllowedOpenAdmiralty law — Maritime claim and maritime lien — Supply of bunkers and other necessaries to a foreign vessel is a maritime claim (Brussels Convention 1952, Art. 1(k)) but does not create a maritime lien;
AllowedOpen