In Brief
The Supreme Court upheld an appellant's maritime claim for unpaid bunkers supplied to a vessel at Durban. Although the parties had entered a settlement agreement in January 2000 to facilitate payment through a future charterer, this agreement did not extinguish the original claim. When the vessel was re-arrested in May 2000 in India's Haldia port, the original owner remained liable. The respondent, who claimed to have bought the vessel, failed to prove ownership on the arrest date. The Court held that: (1) the settlement was not a complete novation but only an alternative payment mechanism; (2) maritime liens do not attach to necessaries; and (3) ownership for maritime claims is determined at arrest, not suit. The original decree for USD 94,611.25 was restored.", <parameter name="subject_tags">["Admiralty Law", "Maritime Claims", "Maritime Liens", "Contract Law", "Novation and Settlement", "Arrest of Vessels", "International Maritime Law"]
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