Shipping Law in BD is known as admiralty act. In Bangladesh the Admiralty Court Act 2000 And the Admiralty Rules 1912 is the main Basis of resolving all types of shipping and maritime related legal issues. Admiralty related all the legal issues are exercised exclusively by the supreme court of Bangladesh. So, today we will discuss about how to arrest a ship under this law.
How to Arrest a Ship For Violating Law:
According to the Admiralty law a warrant of arrest for property or ship may be issued at the instance either of the plaintiff or of the defendant at any time they want.
After filing a suit in the high court by an aggrieved party court can take immediate action for issuing such warrant.
After filing a Suit for getting warrant an affidvit must have to submit by the party or by the authorized agent in the supreme court of Bangladesh.
Cost For Filing An Admirality Suit:
Claimant or Plaintiff have to pay BDT 100,000 (One Lac) Taka for filing admirality suit. for filing suit for wages you have to pay court fee 100 taka.
After filing suit it will come up in the daily cause list. If the matter is urgent according to the court than court will hear the plaint in the same day. or court can fixed a short day for hearing. and this matter must have to come up in the court daily cause list. and has power to make supplementary cause list depending on the urgency of the case.
after commencement of hearing court will issue a summon or warrant depending on the situation of application. an application for arrest of ship can be heard by the absence of defendants if there is no notice or caveat from the defendants. If there is an order from the court to appear the with the ship in front of any port in Bangladesh. than it is advised to the ship owners to file a caveat in the high court. It is also advised to the ship owners that if the claim is wrong and fraudulent than they can take legal action against the claimant. and they can also claim the damages or losses for its time or goods.
How an Arrest of Ship Order Served to the defendants?
An Order of Arrest is served by the marshal of the supreme court of Bangladesh to the defendants after getting all the cost and expenses from the claimant.