- (1.) The appellant (Club) herein is an assoelation incorporated under the laws of the united Kingdom. It is a mutual association of ship owners. It offers insurance cover in respect of the vessels entered with it for diverse third party risks associated with the operation and trading of vessels. According to the appellant, no vessel operates without a Protection and Indemnity (Pandl) cover and the same has been made compulsory to allow a ship to enter major ports in India.
(2.) 'Sea Ranger' and 'sea Glory' are the sister vessels of the 1st respondent vessel and they are allegedly owned by the 2nd respondent. The first two vessels entered into a contract with the appellant's association for the years 1998-1999 and 1999-2000 but they have not paid the unpaid insurance premium due and payable by the 2nd respondent for various Pandl risks for which they had been insured. These unpaid insurance calls being "necessaries" were enforceable within the "admiralty jurisdiction" of the Bombay High court.
(3.) For the arrest of the 1st respondent vessel which came to Mumbai Port within the territorial waters of India, a suit was filed by the club inter alia for the prayers: " (a) for a decree against the respondents in the sum of US$1,18,194.89 together with interest at the rate of 12% per annum, which was the unpaid insurance premium amount due to the club and payable by the 2nd respondent; and (b) for arrest of the 1st respondent vessel to secure the claim. ";