Bombay High Court
Francis Simon Son Of Peter Simon vs Mv Shubhaprada Imo 9377626 on 16 June, 2023
Bench: B.P. Colabawalla
2023:BHC-OS:4985
16 ial 15281-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ADMIRALTY AND VICE ADMIRALTY JURISDICTION
IN ITS COMMERCIAL DIVISION
JUDGE'S ORDER (L) NO. 16230 OF 2023
IN
COMMERCIAL ADMIRALTY SUIT (L) NO. 15152 OF 2023
Francis Simon s/o Peter Simon .. Applicant/Plaintiff
Versus
MV Shubhaprada (IMO No. 9377626) & Anr. .. Defendants
Ms Gargi Warunjikar for the Applicant/Plaintiff.
CORAM: B. P. COLABAWALLA, J
DATE: JUNE 16, 2023
P. C.
1.
The learned Advocate for the Plaintiff states that she has
taken a search of the caveat warrant book against arrest and there is no
caveat against arrest of the Defendant vessel as on 11:18 Am today. The
Advocate for the Plaintiff has also placed the endorsement made by the
Section Officer of the Execution Department today at 11:18 Am stating
that the caveat warrant book against arrest of the Defendant vessel is
checked and verified and no caveat has been filed against the Defendant
Vessel. The same is taken on record and marked 'X' for identification.
JUNE 16, 2023
Laxmi
16 ial 15281-23.doc
2. The Suit has been filed seeking a Judgment and Decree
against the Defendants for arrest, detention and sale of the 1 st Defendant
Vessel for securing and/or satisfying the Plaintiff's aggregate claim in
the sum of Rs. 30,56,304/- together with interest @ 12% p.a. from the
date of the filing of the Suit till payment and/or realization as well as for
poundage.
3. The claim of the Plaintiff arises for compensation under
Section 4(1)(e) of the Admiralty (Jurisdiction and Settlement of
Maritime Claims) Act, 2017. This has been quantified at Exhibit-H to
the Plaint. The claim made by the Plaintiff is on account of the drowning
of the vessel MV Varaprada owned/controlled by the 2 nd Defendant. The
1st Defendant vessel being a sister ship under the ownership/control of
the 2nd Defendant is liable to be proceeded against for recovery of the
amounts due under the maritime claim against the vessel and its owner.
4. Accordingly, I order and direct the arrest of the 1 st
Defendant vessel M. V. Shubhprada (IMO 9377626) along her hull, gear
engines, tackles, bunkers, machinery, plant, furniture, fixtures,
equipment boats, apparel and other paraphernalia which are currently
lying at the Mumbai Port within the Habour and Port of Mumbai.
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Laxmi
16 ial 15281-23.doc
5. The Judges Order for arrest of the Defendant vessel is also
signed separately.
6. The Plaintiff is at liberty to forward a copy of the
communication from the office of the Sheriff of Mumbai along with a
copy of this order by Fax/e-mail/hand delivery/RPAD to the Port and
Customs Authority.
7. The Advocate for the Plaintiff undertakes to serve the
warrant of arrest on the Defendant vessel and all other concerned
authorities within a period of four weeks from today. The said
undertaking is accepted.
8. After service of this order of arrest, if the arrested vessel is
not released by furnishing security or bail amount within a period of
eight weeks, or an application for vacating order of arrest is not filed, or
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 the Plaintiff, the Office of the Sheriff of Mumbai shall
present the Sheriff's Report for auctioning the 1 st Defendant vessel
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16 ial 15281-23.doc
within fourteen days from the date of receiving communication from the
Plaintiff's Advocate or from the date of knowledge of abandonment of
the vessel.
9. This order will be digitally signed by the Private Secretary/
Personal Assistant of this Court. All concerned will act on production by
fax or email of a digitally signed copy of this order.
[ B. P. COLABAWALLA, J ].
JUNE 16, 2023
Laxmi
