Section 28
Liability of mortgagee.
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.
When, during the continuance of the mortgage, the mortgagee takes possession of the mortgaged vessel or is asserting a claim before the court for possession of the vessel, he shall be responsible for—
(a) managing the vessel as if it were his own vessel;
(b) making such necessary repairs to the mortgaged vessel as may be required for the smooth operation and normal functioning of the vessel;
(c) ensuring that no act is committed which is destructive or permanently injurious to the vessel; and
(d) such other liability as may be prescribed.
(a) managing the vessel as if it were his own vessel;
(b) making such necessary repairs to the mortgaged vessel as may be required for the smooth operation and normal functioning of the vessel;
(c) ensuring that no act is committed which is destructive or permanently injurious to the vessel; and
(d) such other liability as may be prescribed.