Abhay Narayan Singh And 3 Ors vs The Sale Proceeds Of Osv Beas ...
2021 Latest Caselaw 11599 Bom

                                                            (5) IA.1557.2021.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         ORDINARY ORIGINAL CIVIL JURISDICTION
                              IN ITS COMMERCIAL DIVISION

                            INTERIM APPLICATION NO. 1557 OF 2021
                                            IN
                          COMMERCIAL ADMIRALTY SUIT NO.23 OF 2021


            Abhay Narayan Singh & ors.                 ... Applicants / Plaintiffs

                     Vs

            The Sale Proceeds of OSV Beas Dolphin
            (IMO No.9413482)                      ... Respondent /Defendant

            Apurva Pohonerkar for the Applicants / Plaintiffs.

            Mr. Navpreet Singh, owner of the Vessel is present.

                                       CORAM : B.P. COLABAWALLA, J.

MONDAY , 23RD AUGUST, 2021

P.C. :

1 This Interim Application is fled under the provisions

of Order XIII A read with Order XII, Rule 6 of the Civil Procedure

Code, 1908 (for short, "CPC"), seeking a decree for sum of

Rs.22,53,753/- together with interest @ 8% p.a. on the sum of

Rs.19,67,496/- from the date of Suit (14.12.2020) till the date of

payment.

(5) IA.1557.2021.doc

2 The claim in the present Suit as well as in the Interim

Application arises due to non payment of the crew members'

wages. The applicants (original plaintiff nos.1 to 4) are all crew

members of the defendant - Vessel OSV Beas Dolphin (IMO

No.9413482). Since their wages were not paid, the above Suit

was fled. Since, according to the plaintiffs, the entire dues of the

crew members are admitted by the defendant, the present

application is fled seeking a Summary Judgment under the

provisions of Order XIII A read with Order XII, Rule 6 of the CPC.

3 The learned advocate appearing on behalf of the

plaintiffs has brought to my attention an email dated 17 th July,

2021 addressed by Mr. Navpreet Singh to the advocate for the

plaintiffs, wherein Mr. Navpreet Singh, on behalf of the owners of

the defendant - Vessel, has clearly admitted the entire claim

made in the present Suit. It is infact stated in the said Email that

the owner of the defendant - vessel have no objection if the Court

allows the plaintiffs' Suit for the principal amount together with

interest @ 8% p.a. from the date of repatriation of the crew

members, from the sale proceeds of the Vessel, OSV Beas Dolphin.

(5) IA.1557.2021.doc

4 Today Mr. Navpreet Singh is present in Court. He has

fairly stated before the Court that the email dated 17 th July, 2021

has been written by him for and behalf of the owners of the

defendant - Vessel and that he is not opposing the prayer seeking

a Summary Judgment as sought in the Interim Application.

5 In view of the aforesaid email dated 17 th July, 2021

and the fair stand taken by Mr. Navpreet Singh, the Interim

Application is allowed in terms of prayer clause (a) which reads

thus :

a. That this Hon'ble Court be pleased to decree the Commercial Admiralty Suit No.23 of 2021 for the sum of Rs.22,53,753/- (Rupees Twenty Two Lakhs Fifty Three Thousand Seven Hundred and Fifty Three only) and interest at the rate of 8% p.a. on the sum of Rs.19,67,496/- from the date of Suit (14.12.2020) till date of payment.

6 The parties before me have also agreed that the legal

costs of USD 2500/- can be awarded in the present matter. This is

over and above the decree already passed. It is accordingly so

ordered.

7 In view of the aforesaid consensus, and considering

the order passed in the Interim Application, the learned advocate

(5) IA.1557.2021.doc

appearing on behalf of the plaintiffs has fairly stated that the

entire claim in the Suit would be covered by the decree passed

today and the Suit be kept pending only to ascertain the priorities

of claim.

8 It is accordingly ordered that the Suit is decreed in

terms of prayer (a) of the above Interim Application and which is

reproduced earlier. The Suit is also decreed for costs of USD

2,500/- (INR 1,85,000/- @ of Rs.74 per USD). The Suit is kept

pending only for the purpose of determining priorities.

9 Drawing up of the decree is expedited.

10 This order shall be digitally signed by the Private

Secretary/Personal Assistant of this Court. All concerned shall

act on production by fax or e-mail of a digitally signed copy of this

order.

B.P. COLABAWALLA, J.

         Digitally
         signed by
         VINA
VINA     ARVIND
ARVIND   KHADPE
KHADPE   Date:
         2021.08.24
         17:15:54
         +0530