Chapter III — CIVIL LIABILITY FOR OIL POLLUTION DAMAGE

Section 192Recognition of judgment of court of contracting parties to Civil Liability Convention

Section 192: Recognition of judgment of court of contracting parties to Civil Liability Convention

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

(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.