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Head Note

The Code of Civil Procedure, 1908  - Section 25

Transfer of Suit - Admiralty Suits - Four admiralty suits pending in Gujarat High Court and three in Bombay High Court - Held that though in the normal course, the Gujarat High Court should have been the appropriate High Court to hear all the suits in view of the fact that the vessel has always been positioned in the territorial waters of India abutting the State of Gujarat and within the area of a Port over which the Gujarat High Court has territorial jurisdiction - But there were various orders of arrest passed by the Bombay High Court prior to the filing of Admiralty Suit No.9 of 2014 by Joplin in the Gujarat High Court and in view of the fact that Joplin filed a caveat before the Bombay High Court and took advantage of the orders of arrest passed by the Bombay High Court without raising any objection to the jurisdiction of the Bombay High Court - Apex Court deemed it appropriate to transfer all the Admiralty Suits pending in the Gujarat High Court with regard to the vessel in question to the Bombay High Court - Bombay High Court requested to dispose of the suits within four weeks from the date of the receipt of the records from the Gujarat High Court - Having regard to the precarious condition of the vessel Apex Court deemed it appropriate to direct the sale of the vessel by the Bombay High Court pursuant to the order dated 9.9.2023 - The proceeds of such sale shall be held by the Bombay High Court and the same be disbursed in accordance with law after the adjudication of all the suits pursuant to this order.

Topic(s)-Transfer of Admiralty Suits - Suit transferred to other High Court