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Lloyd's Maritime Law Newsletter

Raj Shipping Agencies v Barge Madhwa and Another – High Ct (Admlty and Vice Admlty Jurisdiction) (K R Shriram J) – 19 May 2020

Admiralty Practice – Plaintiffs bringing admiralty suits in rem against various vessels – Owning companies subsequently wound up by order of court or subject to insolvency moratorium – Whether admiralty plaintiffs required leave of court to continue proceedings – Effect of moratorium

The issues in this hearing involved the interaction between Indian company and insolvency legislation, and the rights of plaintiffs to pursue admiralty suits in rem under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017 (the Admiralty Act) in circumstances where the vessels’ owning companies were subsequently liquidated by court order, or were subject to a moratorium.

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