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443. Power to detain foreign ship that has occasioned damage.- (1) Whenever any damage has in any part of the world been caused to property belonging to the Government or to any citizen of Indian or a company by a ship other than an Indian ship and at anytime thereafter that ship is found within Indian jurisdiction, the High court may, upon the application of any person who alleges that the damage was caused by the misconduct or want of skill of the that the damage or any member of the crew of the ship, issue an order directed to any proper office or other officer named in the order requiring to any him to detain the ship until such time as the owner, master or coassignee thereof has satisfied any claim in respect of the damage or has given security to the satisfaction of the High Court to pay costs and damages that may be awarded in any legal proceeding that maybe instituted in rest of the damage, and any office to him the order indirect shall detain the ship accordingly.

(2) Whenever it appears that before an application can be made under this section, the ship in respect of which the applications to be made will have deported from Indian or the territorial waters of India, any proper fire may detain the ship for such time as to allow the application be made and the resettle thereof to be communicated to the officer detaining the ship, and that officer shall not be liable for any cost or damages in respect of the detention unless the small is proved to have been made without reasonable grounds.

(3) In any legal proceedings in relation to any such damage aforesaid, 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 ship that has occasioned the damage.

 

 

 

 

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