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" ADMIRALTY CONCEPT: WHO IS THE   ADMIRALTY CONCEPT: WHO IS THE OFFENDER THE SHIPOWNER OR THE SHIP AND WHO PAYS FOR IT?   By Adeel Abid Advocate High Court   THE ARREST OF VESSEL   The Admiralty Jurisdiction of High Courts Ordinance, 1980 does not anywhere provide for the arrest but in a suit filed in rem the vessel is ordinarily arrested by an order passed ex parte on an application under Rule 731 of the Sindh Chief Court Rules (O.S.) which reads as follows:--   731. When a suit is instituted in rem, any party may on filing an affidavit, obtain from the Court a warrant for the arrest of the property proceeded against.   Based on the above rule and words, "When security shall have been given in the sum in which the suit has been instituted or such sums shall have been paid into Court..." occurring in Rule 748 it was attempted to argue that the Court has no discretion but to order security in the entire sum which has been claimed in the suit. The Court repelled the argument and held in the Alexander's Faith (1), that "This rule referred to above cannot override the power of the Court to order release of the property arrested either unconditionally or upon such condition as it may deem fit in the circumstances of the case, upon hearing the parties while disposing of the application for arrest of property finally."   Thus the plaintiff is bound to make out strong case for the arrest of the vessel and has to satisfy the Court as to the genuineness of his claim as well as the maintainability of the suit before he can obtain an order of arrest.   It may, however, be distinctly remembered that an admiralty suit cannot be equated with an ordinary suit filed on the original side. The Court, therefore held in Nedon (2),…
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