MURMANSK SHIPPING CO v ADANI POWER RAJASTHAN LTD AND OTHERS (THE "YURIY ARSHENEVSKIY")

[2016] Lloyd's Rep Plus 50

HIGH COURT OF JUDICATURE AT BOMBAY (ADMIRALTY AND VICE-ADMIRALTY JURISDICTION)

Before S C Gupte J

Limitation of liability - Plaintiff issuing limitation proceedings in India - Whether suit barred by issue estoppel or res judicata following withdrawal of earlier application by plaintiff in China - Whether pre-condition of limitation suit that legal proceedings must have been brought against vessel or her owner - Whether shipowner has absolute right to limit liability under Indian law - Whether limitation fund should be calculated on basis of 1976 Convention on Limitation of Liability for Maritime Claims or 1996 Protocol - Merchant Shipping Act 1958, section 352.