Indian Law Lab

GUEST POST: BY AYUSHI H DANGRE When Insolvency and Admiralty proceedings are brought in the same jurisdiction, it gives rise to two situations: 1) Where in rem claimants have issued proceedings in Admiralty Court prior to the petition for winding up. 2) Where in rem claimants have issued proceedings in Admiralty Court between the presentation of a petition for winding up and the date of winding up order. It is pertinent to note at this juncture the observations of Hon’ble Courts in the case of M Krishna Shreedhar v K Shajahan 1 . The court held that in the absence of specific State Laws on the priority of maritime claim and maritime lien, the field is occupied by International Conventions. The important conventions, which require to be considered, are the International Convention on Maritime Liens and Mortgages, 1993 and the International Convention on Arrest of Ships, 1999. At the first instance, the International Convention for the Unification of Certain Rules relating t...