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2019 (8) TMI 1487 - HC - Companies LawScope of the Admiralty jurisdiction - obtaining leave of the Company Court under the provisions of the Companies Act, while dealing with special original jurisdiction cases like under the Admiralty jurisdiction of specified High Courts - Whether in Admiralty suits filed in the original jurisdiction of this Court, the leave of the High Court / Tribunal under Section 446 of the Companies Act, 1956 (now Section 279 of new Companies Act, 2013) to file or proceed with such a suit is required to be obtained by the plaintiffs or not, after the Winding Up Order is passed by the Court and an Official Liquidator or Provisional Liquidator is appointed by that Court / Tribunal? Scope of admiralty jurisdiction - HELD THAT:- The lead case on the scope of admiralty jurisdiction is undoubtedly, the one propounded in M.V. ELISABETH AND ORS. VERSUS. HARWAN INVESTMENT AND TRADING PVT. LTD., HANOEKARHOUSE, SWAT [1992 (2) TMI 369 - SUPREME COURT], in which it was held that In view of Section 3(15) a foreign ship falls within the jurisdiction of the High Court where the vessel happens to be at the relevant time - i.e., at the time when the jurisdiction of the High Court is invoked, or, where the cause of action wholly or in part arises - The above judgment of M.V.Elisabeth was followed by the Hon'ble Supreme Court later on in various cases and one amongst them being in the case of M.V.Al Quamar v. Tsavliris Salvage (International) Ltd. [2000 (8) TMI 1124 - SUPREME COURT], in which, the Supreme Court, while holding that the High Courts of Calcutta, Bombay and Madras have such Admiralty Jurisdiction like the English Courts had under the provisions of Colonial Courts of Admiralty Act, 1890, the Andhra Pradesh High Court, being the successor of High Court of Madras as some territories of erstwhile State of Madras were included in the State of Andhra Pradesh, also will have such Admiralty jurisdiction. The provisions of the Admiralty Act, 2017 enacted by Parliament in India also defines the terms like Admiralty jurisdictions, Admiralty proceedings, arrest of ships, maritime claim and maritime lien, vessel, territorial waters, etc. The said enactment also confers Admiralty jurisdiction now upon all the coastal High Courts like High Court of Calcutta, Bombay, Madras, Karnataka, Gujarat, Orissa, Kerala, Hyderabad, Andhra Pradesh or any other High Court which may be notified by the Central Government. The adjudication of the admiralty claims by the Madras High Court in its original Admiralty jurisdiction, while trying the civil suit and other maritime claims, the plaintiff do not require any leave of the Bombay High Court, in view of the winding up order passed against the owner company M/s. Pratibha Shipping Company Limited and such maritime claims deserve to be adjudicated and proceeded further without any intervention of the Official Liquidator attached with Bombay High Court, in pursuance of the winding up order passed by the Bombay High Court in the winding up petition filed against the owner company - in the field of recovery of dues from the corporate entities, we are of the opinion that putting the requirement of obtaining prior leave to undertake these proceedings under these enactments or Special Laws from the winding up Court or Company Court, is not envisaged in the Scheme of the development of laws and therefore, any contra opinion on that would lead to unnecessary obstacles and hindrance in the exercise of special jurisdictions by the special Tribunals or Courts under these special recovery laws as well as the special law like the Admiralty jurisdiction of this Court. Thus, the leave of the Company Court / Tribunal under the provisions of Section 446 of the Companies Act, 1956 or Section 279 of the new Companies Act, 2013, is not required to institute or proceed with the suit / trial under the Special Law like under Admiralty Jurisdiction of this Court - appeal disposed off.
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