Chapter 58

Twelveth Edition (2019)

Attachment before Judgment

"Attachment" before judgment of a ship, as of any other property, is available in all the Indian courts of ordinary civil jurisdiction having jurisdiction over the subject-matter of the claim for most kinds of claims, which would include claim for charter hire or stevedoring services or necessaries supplied, provided the court is convinced on affidavit or otherwise that the ship is the only asset of the defendant within the jurisdiction and is about to be disposed of or removed out of the limits of the court's jurisdiction with intent to defeat, obstruct or delay the execution of any decree that may be passed against the defendant.


BCAS: 7103-1001