Zubair Aslam Jerry And 20 Ors vs Sale Proceeds Of M T Aeon (Imo No ...
2023 Latest Caselaw 2611 Bom

                                                     16 IA 164-23..DOCX
         Digitally signed
         by LAXMI
LAXMI    SUBHASH
SUBHASH SONTAKKE            Laxmi
SONTAKKE Date:
         2023.03.20
         17:37:03 +0530




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


                                         INTERIM APPLICATION NO. 164 OF 2023
                                                        IN
                                      COMMERCIAL ADMIRALTY SUIT NO. 55 OF 2022


                            Zubair Aslam Jerry & Ors.                     ..Applicants/Plaintiffs
                                  Vs.
                            Sale Proceeds of M. T. AEON                   ..Defendant


                                                          --------

Mr. Abhishek Khare a/w R. P. Shirole i/b. Khare Legal Chambers for the Applicants/Plaintiffs.

--------

                                                CORAM:       B. P. COLABAWALLA, J
                                                DATED:       17 MARCH 2023

                             P.C.

1. The above Application is filed by the Applicants/Plaintiffs

seeking a summary judgment in the sum of USD 2,87,210.22 together

with further interest @ 6% p.a. from the date when their respective

wages fell due and payable till realization. In addition to this, the

Applicants have also claimed legal expenses to the tune of USD

25,000 making a total of USD 3,12,210.22.

2. The Applicants/Plaintiffs are the crew members of the vessel

known as M.T.AEON (IMO No. 9576818). Their claim in the present

Suit is for payment of wages whilst serving on the said vessel. The

17 March 2023 16 IA 164-23..DOCX

said vessel was sold pursuant to the orders passed by this Court on

30th August, 2022 in Interim Application (L) No. 23786 of 2022 in

Commercial Admiralty Suit (L) No. 18896 of 2022.

3. The present Application seeking summary judgment is filed by

the Plaintiffs against the sale proceeds of the said vessel. The details

of the amounts due to each of the Applicants have been set out in

paragraph 11 of the above Interim Application. It is the case of the

Applicants that these amounts which are due and payable, are

undisputed. Further it is stated in the Application that the Applicants

served on the Defendant vessel as per their contractual obligations

and the same is corroborated by the Seaman's Book and Competency

Certificate which are already annexed to the Plaint. A copy of each of

the Applicants' respective Employment of Contract, respective

Passport extract, respective extract of the Seaman's Book and

respective wages' statement duly signed and stamped by the Master

of the said vessel are also annexed to the Plaint. The details of the

same are also set out in paragraph 22 of the above Application. To put

it in a nutshell, the total outstanding wages of the

Applicants/Plaintiffs in the above Commercial Admiralty Suit are

USD 2,87,210.22. These wages has not been paid. Hence, interest is

also claimed at 6% p.a. from the date when their respective wages fell

due and payable.

17 March 2023 16 IA 164-23..DOCX

4. Having gone through the Interim Application seeking summary

judgment and after hearing the learned Advocate appearing for the

Applicants/Plaintiffs, I am satisfied that the Applicants are entitled to

a summary judgment under Order XIIIA of the CPC, 1908. None have

come forward to dispute the claim of the Applicants/Plaintiffs and

further, as mentioned earlier, the extract of the Seaman's Book and

the respective wage statement of the Applicants are duly signed and

stamped by the Master of the vessel and which are also annexed to

the Plaint.

5. After perusing the documents annexed to the Plaint and the

Interim Application, I am satisfied that the Defendant has no real

prospect of successfully defending the claim and there is no other

compelling reason why the claim made by the Applicants should not

be disposed of before recording of oral evidence.

6. It is in these circumstances, that there shall be an order and

decree in favour of the Applicants against the sale proceeds of the

Defendant vessel for a sum of USD 2,87,210.22 together with further

interest thereon @ 6% p.a. from the date when the respective wages

fell due and payable till realization. In addition thereto, legal costs are

granted to the extent of USD 15,000.

7. As far as prayer clause (b) of the above Application is

concerned, the same seeks release of the sale proceeds in favour of

17 March 2023 16 IA 164-23..DOCX

the Applicants. I am afraid, this relief cannot be granted at this stage.

This will be considered at the time of deciding priorities and payout.

Hence prayer clause (b) is rejected at this stage, and is left open to be

agitated at the time of determination of priorities.

8. In light of the order passed in this Application, the Suit itself

now stands disposed of as the same is decreed. It is however kept

pending only for the purpose of deciding priorities and pay out.

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

17 March 2023