Bombay High Court
Captain Arun Amrital Sethi vs M.V Som Silver on 8 January, 2021
Bench: B.P. Colabawalla
anjali.not on board
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
Anjali Digitally signed
by Anjali T.
JUDGE'S ORDER (L) NO. 714 OF 2021
T. Aswale
IN
Date: 2021.01.08
Aswale 18:06:28 +0530
COMMERCIAL ADMIRALTY SUIT (L) NO. 713 OF 2021
Captain Arun Amrital Sethi ... Plaintiff
v/s
m.v som silver, (IMO no. 7522100) ...Defendant
...................
Mr. Shantanu Singh, Advocate for the Plaintiff
CORAM: B.P.COLABAWALLA, J.
DATE : 8 January 2021
(In Chamber at 4.30 p.m.)
P.C.:
1. Not on Board. Mentioned. Taken on board.
2. At the outset, the learned counsel for the Plaintiff states that the
Registry has produced the Caveat Register, and there is no caveat
against arrest with respect to the Defendant Vessel. The said
statement is accepted as an undertaking given to this Court.
3. Urgent relief sought is the arrest of Defendant Vessel as there is
an apprehension that Defendant Vessel which is currently at
anjali.not on board
anchorage of the Port of Mumbai, may sail out of the jurisdiction of
this Court. According to the Plaintiff, he has an irrefutable claim
against Defendant Vessel. If Defendant Vessel is permitted to sail,
the Plaintiff will have no legal recourse whatsoever to recover the
amounts due to it and its security will be lost forever and
eventually these proceedings will be rendered infructuous.
4. Briefly, the suit is for judgment and decree against Defendant
Vessel and arrest, sequestration, condemnation and sale of the
Defendant Vessel for securing and/or satisfying the Plaintiff's
aggregate claim of Rs.28,94,000.00 as per the particulars of claim
(Exhibit-I). This claim arises from non-payment of wages to the
Plaintiff in the course of his employment as the Master of the
Defendant vessel from 18 December 2019 to 15 June 2020.
5. I have heard the learned counsel appearing on behalf of the
Plaintiff and also considered the averments made in the plaint.
Perusing the plaint and the annexures, a prima facie case for
arrest of Defendant Vessel is made out. In the present case, prima
facie, the major claim in the Plaint is a maritime lien and a part is
a Maritime Claim arising out of non-payment of wages to the
anjali.not on board
Plaintiff in the course of his employment on a sister vessel called
M.V.S.SANTU.
6. In these circumstances, I fnd there is no doubt that there is a
cause of action in favour of the Plaintiff and that Defendant Vessel
being at Mumbai anchorage is within the admiralty jurisdiction of
this Court. Plaintiff has made out a prima facie case. The balance
of convenience lies with the Plaintiff to whom, in my view, almost
irreversible prejudice would be caused if reliefs were to be denied.
7. Accordingly, I order and direct the arrest of the Defendant Vessel
M.V Som Silver, (IMO No. 7522100) along with her hull, engine,
tackle, gear, plant, machinery, articles, boats, things, apparel,
equipment, stores and other paraphernalia at present lying in the
Mumbai Port Anchorage within the harbour and port of Mumbai.
8. The Judge's Order for arrest of the Defendant Vessel is also signed
separately.
9. The Plaintiff at liberty to forward a copy of the communication
from the offce of the Sheriff of Mumbai along with a copy of this
anjali.not on board
Order by Fax/email/hand delivery/RPAD to the Port and Customs
authorities.
10. Plaintiff's Advocate undertakes to serve the warrant of arrest on
the Defendant Vessel and other concerned authorities within a
period of six weeks from today. The undertaking is accepted.
11. After service of this order of arrest, if the arrested vessel is not
released by furnishing security or bail amount within 8 weeks of
service or an application for vacating the order of arrest is not
fled or the vessel is found abandoned by the person in-charge of
the vessel or owner or is found unmanned, then, in such an event,
on an application being made by Plaintiff, offce of the Sheriff of
Mumbai shall present a Sheriff's report for auctioning the vessel
within 14 days from the date of receiving communication from the
plaintiff's advocate or from the date of knowledge of abandonment
of vessel.
12. 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.)
