MS Act 289Chapter XIV · Penalties and Procedures
Section 289 · Power to detain foreign vessel that has occasioned damage
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(1) Whenever any damage has
in any part of the world been caused to property belonging to the Government or to any citizen of India
or a company by a vessel other than an Indian vessel and that vessel is found within Indian jurisdiction,
such vessel shall be detained by an order of the High Court upon an application alleging that the damage
was caused by the misconduct or want of skill of the master or any other seafarer of that vessel.
(2) The order of detention under sub-section (1) shall remain in force until such time as the ship owner, master or consignee thereof has satisfied any claim in respect of the damage or has given security to the satisfaction of the High Court to pay all costs and damages that may be awarded.
(3) Whenever it appears that before an application can be made under this section, the vessel will have departed from India or the territorial waters of India, any proper officer may detain the vessel for such time as to allow the application to be made and that officer shall not be liable for any cost or damages in respect of the detention unless the same is proved to have been made without reasonable grounds.
(4) In any legal proceedings in relation to any damage referred to in sub-section (1), the person giving security shall be made a defendant and shall for the purposes of such proceeding be deemed to be the owner of the vessel that has occasioned the damage.
(2) The order of detention under sub-section (1) shall remain in force until such time as the ship owner, master or consignee thereof has satisfied any claim in respect of the damage or has given security to the satisfaction of the High Court to pay all costs and damages that may be awarded.
(3) Whenever it appears that before an application can be made under this section, the vessel will have departed from India or the territorial waters of India, any proper officer may detain the vessel for such time as to allow the application to be made and that officer shall not be liable for any cost or damages in respect of the detention unless the same is proved to have been made without reasonable grounds.
(4) In any legal proceedings in relation to any damage referred to in sub-section (1), the person giving security shall be made a defendant and shall for the purposes of such proceeding be deemed to be the owner of the vessel that has occasioned the damage.
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