Held: The appeal is dismissed and the transferred case is returned to the High Court. The appellant argued that the power of the High Court on the admiralty side is confined to the provisions of the Admiralty Court Act 1861 (UK), made applicable to India by the Colonial Courts of Admiralty Act 1890 (Imp), read with the Colonial Courts of Admiralty (India) Act 1891, declaring certain Courts of unlimited civil jurisdiction as Colonial Courts of Admiralty, but that this jurisdiction remained frozen as on the date of Admiralty Court Act 1861 (UK), and thus does not extend to foreign ships or outbound carriage of goods by sea. This objection was overruled by a Single Judge of the High Court and later confirmed by a Division Bench, against which the present appeal was brought. The appellant protested the Court's jurisdiction. The vessel was arrested when it entered the port of Vishakapatnam, and was later released on the furnishing of a bank guarantee. The respondent instituted an action in rem, invoking the admiralty jurisdiction of the Andhra Pradesh High Court. ![]() ![]() On reaching the port of destination, the appellant carrier misdelivered the goods to the consignee, contrary to the respondent's instructions. ![]() The appellant vessel left the port of Marmagao, India, without issuing bills of lading or other documents required by the respondent for the goods carried by it.
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