Chapter IV — CIVIL LIABILITY FOR BUNKER OIL POLLUTION DAMAGE

Section 209Recognition of judgment of court of contracting parties to Bunker Convention

Section 209: Recognition of judgment of court of contracting parties to Bunker Convention

209. Recognition of judgment of court of contracting parties to Bunker Convention

(1)

Any judgment passed by a competent court of a contracting party under the Bunker 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.