Recognition of judgment of court of contracting parties to Civil Liability Convention.

Infrastructure2025327 sections

Chapter III CIVIL LIABILITY FOR OIL POLLUTION DAMAGE

Statutory text

(1) Any judgment passed by a competent court of contracting party under the Civil Liability 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.

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