M.V. Elisabeth v. Harwan Investment & Trading Pvt. Ltd.

Core point: The Supreme Court confirmed that Indian High Courts have living admiralty powers. These powers are not locked to old UK statutes. A foreign ship in Indian waters can be arrested for a maritime claim.

The Andhra Pradesh High Court rightly entertained an action in rem and arrested the vessel when it entered Visakhapatnam port. Proceedings could continue against the owner, and any decree could be executed against property within the Court’s reach.

1. Does the Andhra Pradesh High Court have admiralty jurisdiction to try a suit against a foreign vessel?
2. Is that power limited to what the Admiralty Court Act, 1861 (UK) expressly provided?

• Access to justice principle: Read statutes so that lack of an express grant does not block courts from giving relief in genuine maritime claims.
• Admiralty framework: Legacy Acts (1861, 1890, 1891) inform the base, but powers evolve with the Constitution and accepted maritime norms.

The Supreme Court held that Indian High Courts’ admiralty jurisdiction is not static. The Andhra Pradesh High Court was right to assume jurisdiction, arrest the vessel in port, and proceed with the maritime claim.

The Court recognised that admiralty law grows with constitutional provisions and internationally accepted principles, even if India has not ratified every convention.

• Living jurisdiction: Admiralty powers of High Courts evolve beyond 19th-century text.
• Arrest of foreign vessels: Permissible in Indian waters for maritime claims.
• Proceedings after arrest: Court can continue against the owner; decree executable against assets within jurisdiction.
• International guidance: Widely accepted maritime norms inform remedies where statutes are silent.

It assures cargo interests and seafarers that Indian courts can give effective relief against foreign ships in Indian waters. It aligns domestic practice with global maritime standards and keeps remedies practical and swift.

• High Courts’ admiralty powers are not frozen in 1861.
• Foreign ships in Indian waters can be arrested.
• Action in rem can extend to owner liability.
• International maritime principles help fill statutory gaps.

Mnemonic: “Arrest, Reach, Grow” (ARG).

1. Arrest: Ship in Indian waters can be seized.
2. Reach: Court can proceed against the owner’s assets.
3. Grow: Jurisdiction grows with the Constitution and maritime norms.

Admiralty Jurisdiction

Court power over maritime claims, ships, cargo, and related disputes.

Action in Rem

Proceeding against the vessel itself to secure the maritime claim.

Arrest of Ship

Court order detaining the vessel to secure the claim or force appearance.