United India Marine Services v M.V. Kumar

The Hon'ble Bombay High Court in United India Marine Services v M.V. Kumar¹ ruled on the issue of maintainability of an Admiralty Suit filed by an unregistered partnership firm in the backdrop of the bar contained in Section 69(2) of the Partnership Act, 1932 ("The Act").

The Hon'ble Court held that the bar contained under Section 69(2) of the Act would not attract to a suit filed in exercise of a statutory right conferred under Admiralty Act, 2017 to arrest a vessel for enforcement of a maritime claim.

Brief Facts:

• United India Marine Services ("Plaintiff") delivered supplies and rendered technical services to M.V. Kumar ("Defendant Vessel") and her sister vessels at the instance of one Pragati Marine Services Pvt. Ltd. ("Owner") i.e., the registered owner of the said vessels. Despite acknowledging the services and benefiting from the same, the Owner failed to clear the rightful dues of the Plaintiff.