Arunava Raha And Anr vs M.V. Tag 7 (Imo No.9379002)
2025 Latest Caselaw 3800 Bom

Bombay High Court

Arunava Raha And Anr vs M.V. Tag 7 (Imo No.9379002) on 22 August, 2025

Author: Abhay Ahuja

Bench: Abhay Ahuja

2025:BHC-OS:14044


                                                                46-IA-4282-2025-COMAS-4-2024.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                ADMIRALTY AND VICE ADMIRALTY JURISDICTION
                                         IN ITS COMMERCIAL DIVISION

                                      INTERIM APPLICATION NO. 4282 OF 2025
                                                       IN
                                    COMMERCIAL ADMIRALTY SUIT NO. 4 OF 2024

                    ARUNAVA RAHA AND ANOTHER              )...APPLICANTS
                                    IN THE MATTER BETWEEN
                    ARUNAVA RAHA AND ANOTHER              )...PLAINTIFFS
                             V/s.
                    M. V. TAG 7 [ IMO NO.9379002]                          )...DEFENDANT

                    Mr.Ram Jay Narayan, Advocate for the Applicants / Plaintiffs.
                    None for the Defendant.
                    Mr.Arunava Raha, Plaintiff no.1, present through video conferencing.
                    Mr.Murali Krishna Yakkala, Plaintiff no.2, present through video
                    conferencing.

                                               CORAM        :      ABHAY AHUJA, J.

                                               DATE         :      22nd AUGUST 2025

                    P.C. :

1. Pursuant to earlier orders of this Court, today when the matter is

called out, Mr.Narayan, learned Counsel, appears for the Applicants

and submits that he has now had an opportunity to peruse the report of

the Court Commissioner. Mr.Narayan also submits that the two

Plaintiffs no.1 and 2 are also present through video conferencing

facility as directed by this Court.

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2. After perusing the report of the Court Commissioner appointed

by this Court, when a query is put to Mr.Narayan, learned Counsel for

the Plaintiffs, particularly with respect to the Plaintiff no.1, as the

documents that had been submitted to the Court Commissioner for

verification were only true copies and none of them were originals,

Mr.Narayan would submit that the true copies had been attested by the

Advocate and have been verified by the Court Commissioner and also

the claims of both the Plaintiffs have respectively been admitted by the

erstwhile owners of the Defendant Vessel respectively on 4 th February

2019 (page 16 of the plaint) and on 22nd August 2018 (page 92 of the

plaint).

3. As regards the claim of the Plaintiff no.2 is concerned,

Mr.Narayan, submits on instructions, that since the claim of the Plaintiff

no.2 is against the sale proceeds of the Defendant Vessel as well as

another Vessel M. V. Tag 9 and that since the crew members' wages are

maritime lien against only the Vessels they have served on board, this

Court may reduce the principal amount of the claim of the Plaintiff

no.2 by Rs.4,000/- and so also the consequential interest amount from

the total claim of the Plaintiff no.2.

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4. As noted earlier, the Plaintiffs had filed this Suit on 27 th March

2023 seeking a decree towards the two Plaintiffs' outstanding wages for

the services provided on board the Vessel M. V. Tag 7 IMO No.9379002

which are now represented by the sale proceeds lying deposited with

the Prothonotary & Senior Master. It is being noted that the Defendant

Vessel was arrested in Commercial Admiralty Suit (Lodging) No.85 of

2020 pursuant to order dated 30th July 2020 and on 21st June 2021, the

Defendant Vessel was sold and the sale proceeds deposited in this

Court.

5. Mr.Narayan has submitted that the outstanding wages of the

Plaintiffs are maritime claim and maritime lien as per Section 4(1)(o),

4(1)(w) read with Section 9 of the Admiralty (Jurisdiction &

Settlement of Claims) Act, 2017 (the "Admiralty Act"). Mr.Narayan has

submitted that pursuant to order dated 25 th July 2025, this Court had

after holding that the Suit was not barred by limitation, however,

considering that the Suit had been filed by the two Plaintiffs claiming

dues of their outstanding wages out of the sale proceeds of the

Defendant Vessel M.V. Tag 7 on the basis of their employment

agreement / contract for services on board the said Vessel on various

dates, appointed Court Commissioner to verify the following

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documents of both the Plaintiffs:

(i) Original agreement / contracts, passports extracts duly certified by Advocate for Plaintiff / Notarized, respective extracts of Seaman's book and Wage statement in respect of crew members with their claims in the Suit with so far originals of which are available.

(ii) Power of attorney in originals, if any, issued by Plaintiffs to lodge or receive such claims on behalf of the Plaintiffs.

(iii) Commissioner shall verify the particulars and submit the report by 25th July 2025.

6. That, thereafter, the Court Commissioner has submitted his

report dated 25th July 2025 on 25th July 2025 and has verified the said

documents / true copies of the said documents submitted to him.

Mr.Narayan would submit that, as noted by this Court, the two

Plaintiffs are also present on video conferencing pursuant to directions

of this Court.

7. The above Interim Application has been filed by the Applicants /

Plaintiffs seeking summary judgment in favour of the Plaintiff no.1

against the Defendant for the sum of INR 4,36,322/- together with

further interest at the rate of 12% on the principal amount of INR

1,91,000/- and in favour of the Plaintiff no.2 against the Defendant for

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the sum of INR 49,601/- together with further interest at the rate of

12% on the principal amount of INR 24,593.15. In addition, the

Applicants have also claimed legal costs of Rs.1,50,000/- each.

8. As has been submitted, the Applicants / Plaintiffs are the crew

members of the Vessel M. V. Tag 7 IMO No.9379002, their claim is for

payment of wages while serving on the said Vessel, which, as noted

above, was first arrested and then sold and the proceeds whereof have

been deposited with the Prothonotary & Senior Master of this Court.

9. This application seeks summary judgment filed by the two

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

amounts due to the Plaintiffs have been set out in paragraph 12 and in

paragraph 24 of the Interim Application. It is the case of the Applicants

that these amounts which are due and payable are undisputed and

rather admitted. Mr.Narayan has drawn this Court's attention to the

admission of liability by the owners of the Vessel at pages 16 and 92

which indicates that the amounts are due and payable. It has been

stated in the application that the Applicants served on the Defendant

Vessel as per their contractual obligations and the same has been

corroborated by the Contract/Articles of Agreement, Seaman's book

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and the Continuous Discharge Certificate (CDC) annexed to the plaint.

The Court Commissioner appointed by this Court has also verified true

copies of the agreements / contracts, passports, Seaman's book as well

as Powers of Attorney on behalf of the Plaintiffs as per his report dated

25th July 2025. The copies of the employment contracts, passports,

extract of Seaman's book and the CDC contain signature and stamp by

the Master of the Vessel.

10. The claims of the two Plaintiffs are a maritime claim and a

maritime lien under Section 4(1)(o) and 4(1)(w) and Section 9 of the

Admiralty Act, which have not been paid, and therefore, the claim has

been made by way of the Suit in terms of the prayer clauses (a) and

(b).

11. Having perused the Interim Application for summary judgment

and also the report of the Court Commissioner dated 25 th July 2025

and also having heard the learned Counsel for the Applicants and also

having interacted with the two Plaintiffs through video conferencing, I

am satisfied that the Applicants are entitled to summary judgment

under Section XIII-A of the Code of Civil Procedure, 1908 ("CPC").

There is no objection raised to the claim of the Applicants / Plaintiffs

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and the documents evidencing their service on board the Vessel as well

as their claim has not been disputed.

12. I am satisfied that there is no real prospect of any one

successfully defending the claim and there is no compelling reason why

the claim made by the Applicants should not be allowed before

recording of oral evidence.

13. In the circumstances, let there be decree in favour of the

Applicants against the sale proceeds of the Defendant Vessel viz. M. V.

Tag 7 as under : (i) in the sum of Rs.4,36,322/- together with further

interest at the rate of 12% on the principal amount of Rs.1,91,000/-

with respect to the Plaintiff no.1 and (ii) in the sum of Rs.49,601/-

together with further interest at the rate of 12% on the principal

amount of Rs.24,593.15 with respect to the Plaintiff no.2, in addition to

legal costs of Rs.1,50,000/- each. The Suit is, accordingly, decreed as

above.

14. Mr.Narayan has also submitted that by order dated 18 th April

2023 in Interim Application No.4565 of 2022 in Commercial Admiralty

Suit No.1 of 2022, the priorities have been determined in the case of

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M.V. Tag 7. Mr.Narayan has also drawn this Court's attention to

paragraph 9 thereof where the submission on behalf of the Plaintiffs /

Applicants has been recorded with respect to their claims requesting

that Rs.7,00,000/- should be retained to secure the Plaintiffs' claim

pending the outcome of the Suit filed by them and which submission

has been accepted by the Court. Mr.Narayan has also drawn this Court's

attention to paragraph 32 of the Interim Application with respect to the

demarcating of the sums to be paid to the Applicants, whose priorities,

in accordance with the order dated 18th April 2023 have been

determined and ranked at priority no.1.

15. Mr.Narayan has accordingly pressed for prayer clause (c) with

respect to a direction for payment out of the decreed sums in favour of

the Plaintiffs out of the sale proceeds of the Vessel lying with the

Prothonotary & Senior Master of this Court.

16. Having considered the aforesaid submissions, I also allow the

Interim Application in terms of prayer clause (c) which reads thus :

"(c) For an order directing that any sums decreed in favour of the Plaintiffs in terms of prayer clauses (a) and (b) to be paid out from the sale proceeds of the Vessel lying deposited with the Prothonotary and Senior Master of this Hon'ble Court (or

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part thereof) towards satisfaction of such decree passed in favour of each Plaintiff."

17. The Interim Application accordingly stands allowed and disposed

as above.

18. Considering that the Plaintiffs have been waiting for quite some

time to receive their wages, this Court dispenses with the drawing up of

the decree.

(ABHAY AHUJA, J.)