MS Act 171Chapter II · Limitation of Liability for Maritime Claims
Section 171 · Bar to other actions
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(1) Where a fund is constituted under section 168, any person having
made a claim against the fund shall be barred from exercising any right in respect of such claim against
any other vessel or property of a person by or on behalf of whom the fund was constituted.
(2) After a fund is constituted under section 168, if any vessel or other property, belonging to a person on behalf of whom the fund was constituted, is arrested or attached for a claim which may be raised against the fund, or any security given, may be released by an order of the High Court and such release shall always be ordered by the High Court whether or not the fund was constituted with the same or any other High Court or with the Central Government.
(3) The provisions of sub-sections (1) and (2) shall apply only if the claimant makes a claim against the fund before the High Court or the Central Government administering that fund and the fund is actually available and freely transferable in respect of that claim.
(2) After a fund is constituted under section 168, if any vessel or other property, belonging to a person on behalf of whom the fund was constituted, is arrested or attached for a claim which may be raised against the fund, or any security given, may be released by an order of the High Court and such release shall always be ordered by the High Court whether or not the fund was constituted with the same or any other High Court or with the Central Government.
(3) The provisions of sub-sections (1) and (2) shall apply only if the claimant makes a claim against the fund before the High Court or the Central Government administering that fund and the fund is actually available and freely transferable in respect of that claim.
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