Restriction on enforcement of claims after establishment of fund

Section 187 of the Merchant Shipping Act, 2025 deals with restriction on enforcement of claims after establishment of fund. Where the ship owner after an incident has constituted a fund in accordance with this Chapter and is entitled to limit his liability,--- (a) no person having a claim for pollution damage arising out of that incident shall be entitled to exercise any right against any other ship and property of the s The Act came into force on 15 Mar 2026.

Where the ship owner after an incident has constituted a fund in accordance with this Chapter and is entitled to limit his liability,---

(a) no person having a claim for pollution damage arising out of that incident shall be entitled to exercise any right against any other ship and property of the ship owner in respect of such claim;

(b) the High Court or the Central Government shall order the release of any ship or other property belonging to the ship owner which has been detained in respect of a claim for pollution damage arising out of that incident and shall similarly release any bail or other security furnished to avoid any arrest:

Provided that this section shall apply only if the sum paid into the High Court or to the Central Government, or such part thereof as corresponds to the claim, is actually available to the claimant.

Section 187, The Merchant Shipping Act, 2025 (Act 24 of 2025).