https://www.taxtmi.com/caselaws?id=173604 A time charter gives the charterers only a contractual right to the vessel's services, not a proprietary or possessory interest in the ship. On that basis, and because the charterers had made unjustified deductions from advance hire and had not performed their reciprocal obligations, equitable relief by injunction was refused; damages were treated as an adequate remedy and no irreparable injury was shown. The arbitration clause also remained operative after the agreed arbitral forum declined to act, since that created a vacancy in the contractual machinery. The Court could fill that vacancy under the Arbitration Act, 1940, and appoint an arbitrator where the agreement did not exclude that course. en-us Thu, 17 Jan 1974 00:00:00 +0530 Fri, 18 Sep 2015 13:00:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=173604 A time charter gives the charterers only a contractual right to the vessel's services, not a proprietary or possessory interest in the ship. On that basis, and because the charterers had made unjustified deductions from advance hire and had not performed their reciprocal obligations, equitable relief by injunction was refused; damages were treated as an adequate remedy and no irreparable injury was shown. The arbitration clause also remained operative after the agreed arbitral forum declined to act, since that created a vacancy in the contractual machinery. The Court could fill that vacancy under the Arbitration Act, 1940, and appoint an arbitrator where the agreement did not exclude that course. Case-Laws Indian Laws Thu, 17 Jan 1974 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=173604