Section 209
Recognition of judgment of court of contracting parties to Bunker Convention.
The Merchant Shipping Act, 2025
About this Act
An Act to consolidate and amend the law relating to merchant shipping to ensure compliance with India's obligation under the maritime treaties and international instruments to which India is a party and also to ensure the development of Indian shipping and efficient maintenance of Indian mercantile marine in a manner best suited to serve the national interest and for matters connected therewith or incidental thereto.
(1) Any judgment passed by a competent court of a contracting party under the Bunker Convention shall be recognised in India except where,—
(a) the judgment was obtained by fraud; or
(b) the ship owner or the insurer or the person providing financial security who is a party to the proceedings was not given reasonable notice and a fair opportunity to present his case.
(2) Any judgment recognised under sub-section (1) shall be enforceable in India in accordance with such procedure as may be prescribed:
Provided that such procedure shall not permit the merits of the case to be re-opened.
(a) the judgment was obtained by fraud; or
(b) the ship owner or the insurer or the person providing financial security who is a party to the proceedings was not given reasonable notice and a fair opportunity to present his case.
(2) Any judgment recognised under sub-section (1) shall be enforceable in India in accordance with such procedure as may be prescribed:
Provided that such procedure shall not permit the merits of the case to be re-opened.