What is Admiralty Suit?
An admiralty suit is a legal proceeding to enforce certain maritime claims and liabilities. Maritime claims include things like collisions between ships, cargo damage, salvage rights, and water pollution. Liabilities can include things like seamen’s wages and environmental damage.
Admiralty suits are governed by a unique set of rules, which are different from the rules that apply in other types of lawsuits. For example, in an admiralty suit, the court has the power to arrest a ship as security for any maritime claim. This is known as an “in rem” action, because it is brought against the ship itself rather than against the people who own or operate the ship.
Most admiralty cases are filed before the jurisdiction of High Courts. Admiralty law is a complex area of law, and it can be difficult to understand without the help of an experienced attorney.
Documents to be submitted
The following documents ought to be printed and submitted on a white legal sheet to file an admiralty suit.
1. Vakalatnama
2. Affidavit of the petitioner
3. Synopsis detailing the Chronological list of events
4. Annexures in Typeset Format
5. Admiralty Suit Petition
Timeline and Jurisdiction to file the Admiralty Suit
The admiralty suit shall be filed within 3 years of the cause of action. The suit shall be filed before the Single bench of the High Court.
Procedures to file the Admiralty Suit
*Two copies of the documents for the court along with one copy for each respondent must be bundled, stitched together and submitted in the Sections at the High Court.
*SR Number is allotted once the bundle is submitted before the Registry of High Court.
*The court Official would review the documents for any mistakes or errors
*If any errors are found then the petitioner is required to rectify such errors and resubmit the petition within 30 days.
*In case of any delay in the resubmission, condonation of delay along with the supporting affidavit should be filed.
*If there are no mistakes/errors, then the court registry will assign a case number to post the matter for hearing.
Admiralty Case before the Court
*The court will hear the matter and issue an interim order if requested and issue notice to the defendant to file the counter statement.
*After the defendant receives the notice, he is required to file the written statement in duplicate. Replication if any pursuant to orders of the court or to be filed by the blind deaf as a reply to the Written statement filed.
*The date of the first hearing is given, depending on when the matter is required to be listed. A handwritten undertaking to this effect may be provided. It would involve the Court considering the merit of the suit filed and thereafter the Court directs the Appellant to file the due Process Fee for Registered Courier for the issuance of summons to the Defendant directing them to appear before the Court. (Process Fee along with copies of the complete Plaint is sent to the Defendant/s dependent upon the number of Defendants).
*The counsels of both parties argue before the court.
*The Judge after hearing the arguments shall pass the judgment and the decree.
Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.
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