Kroll Trustee Services Ltd vs M. V. Aeon (Imo No. 9576818)
2022 Latest Caselaw 13254 Bom

                                                       25-IA4926-2022INCOMAS41-22.DOC

                                                                                   Santosh
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   ORDINARY ORIGINAL CIVIL JURISDICTION
                                        IN ITS COMMERCIAL DIVISION
SANTOSH
SUBHASH
KULKARNI
Digitally signed by
                                  INTERIM APPLICATION NO. 4926 OF 2022
SANTOSH
SUBHASH
KULKARNI
                                                   IN
Date: 2022.12.24
11:55:24 +0530                     COMM ADMIRALTY SUIT NO. 41 OF 2022

                      Kroll Trustee Service Limited                         ...Applicant
                      In the matter between
                      Kroll Trustee Service Limited                           ...Plaintiff
                                         Versus
                      M. V. AEON (IMO NO.9576818)                           ...Defendant

                      Mr. Shyam Kapadia, a/w Pabitra Dutta, Raguvendra Desai,
                            i/b Bose & Mitra & Co., for the Plaintiff.
                      Adv. Yazdi Jijina, i/b Mulla & Mulla & CB&C, for the
                            Defendant.


                                                   CORAM:    N. J. JAMADAR, J.

DATED : 20th DECEMBER, 2022 PC:-

1. Heard the learned Counsel for the applicant.

2. This application is preferred seeking directions to the

Sheriff of Mumbai to publish notice inviting the claims against

the sale proceeds of the vessel MV AEON deposited in this Court

under Rules 1087 and 1088 of the Bombay High Court (Original

Side) Rules, 1980. The defendant vessel was arrested on 20 th

June, 2022. By a subsequent order dated 5 th August, 2022

(Interim Application (L) No.23786 of 2022 in Comm Admiralty

25-IA4926-2022INCOMAS41-22.DOC

Suit (L) No.18896 of 2022), the vessel was ordered to be sold.

The sale was confirmed by an order dated 30th August, 2022 in

favour of Seven Islands Shipping Limited for Rs.103,67,06,200/-.

3. The plaintiff has filed an application for summary

judgment.

4. As the sale proceeds stand deposited with this Court in

view of the provisions contained in Rule 1088 of the Rules,

1980, the Court on an application of any party, who has a claim

against the sale proceeds may direct the Sheriff to send for

publication a notice in accordance with Rule 1087. It is trite the

arrest and sale of a vessel in an admiralty action enures for the

benefit of all the creditors and claimants. Hence, the

application stands allowed.

5. The Sheriff is directed to publish a notice in confirmity

with the provisions contained in Rule 1087(e) of the Rules,

1980, inviting the claims against the sale proceeds of the

defendant vessel. The notice shall specify that any person

having a claim against the ship or the proceeds of the sale

thereof shall file a suit to prove his claim within a period of 90

days from the date of publication of the notice. The notice shall

also specify that the order of priority of claims against the sale

25-IA4926-2022INCOMAS41-22.DOC

proceeds will not be determined till the expiry of the said period

of 90 days.

6. The applicant shall bear the costs of the publication of the

notice which shall be treated as the Sheriff's expenses.

7. Application stands disposed.

[N. J. JAMADAR, J.]