Kerala High Court
Saiby Antony vs Owners And Parties Interested In ... on 7 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
ADML.S. NO. 6 OF 2022
AGAINST THE ORDER/JUDGMENT IN CMCP 94/2022 OF HIGH COURT OF KERALA
PETITIONERS:
1 SAIBY ANTONY, AGED 51 YEARS
W/O.LATE CAPT. JACOB ANTONY, RESIDING AT
ODATHUMPARAMBIL HOUSE, KANJIRAMATTOM, SHASTHA JUNCTION,
KARRIKODE (PART), THODUPUZHA EAST P.O., IDUKKI - 685
585, STATE OF KERALA.
2 AKHIL ANTONY, AGED 24 YEARS
S/O.LATE CAPT. JACOB ANTONY, RESIDING AT
ODATHUMPARAMBIL HOUSE, KANJIRAMATTOM, SHASTHA JUNCTION,
KARRIKODE (PART), THODUPUZHA EAST P.O., IDUKKI - 685
585, STATE OF KERALA.
VIVEK.JOY.K
MEGHA MUKUNDASWAR
VIPINA J.V.
RESPONDENTS:
1 OWNERS AND PARTIES INTERESTED IN THE VESSEL RESCO-1
A CARGO SHIP FLYING THE INDIAN FLAG, REGISTERED AT THE
PORT OF REGISTRY - MUMBAI, HAVING OFFICIAL NO.2744, CALL
SIGN VVJA, WITH HER HULL, ENGINES, TACKLES, GEAR,
SPARES, MACHINERY, PLANT, APPAREL, HATCH COVER,
APPURTENANCES, FURNITURE AND OTHER PARAPHEMALIA AND ALL
HER APPURTENANTS AND SISTER VESSELS, OWNED BY VEDANT
SHIP MANAGEMENT.
2 VEDANT SHIP MANAGEMENT
HAVING PRINCIPAL PLACE OF BUSINESS AT 21/3, SHUKLA
CHAWAL, B.N.PAI MARG, REY ROAD, MUMBAI - 400 010, OWNER
OF "RESCO I", REPRESENTED BY ITS PROPRIETOR
MR.SURENDRAKUMAR RAMAWADH MISHTRA.
3 VEDANT SHIP MANAGEMENT (INDIA) PRIVATE LIMITED
HAVING REGISTERED OFFICE AT 24, FLOOR-2ND, PLOT 203,
TARVOTTI BHAVAN, P DMELLO ROAD, ST.GEORGE HOSPITAL,
FORT, MUMBAI, MUMBAI CITY, MAHARASHTRA - 400 001, OWNER
OF "RESCO I", REPRESENTED BY ITS DIRECTORS
ADML.S. NO. 6 OF 2022
2
MR.SURENDRAKUMAR RAMAWADH MISHRA & MS.HEMA
SURENDRAKUMAR MISHRA.
4 MARITIME MUTUAL INSURANCE ASSOCIATION (NZ)
LIMITED, NEWZEALAND, PROTECTION & INDEMNITY
CLUB INSURANCE COMPANY, WITH REGISTERED OFFICE
AT 208/36B WELLES STREET, CHRISTCHURCH CENTREL,
CHRISTCHURCH 8011 NEW ZEALAND,REPRESENTED BY
ITS P&I CORRESPONDENT - AEGHISCORP MARITIME
VENTURES LLP, HAVING OFFICE AT 712, RAIKAR
CHAMBERS, OFF K.D.MARG, OPPOSITE HDFC BANK,
GOVANDI (EAST) MUMBAI - 400 088.
5 TWILIGHT SHIPPING PVT.LTD.
OFFICE NO.7, 1ST FLOOR A WING SHREE NAND DHAM,
PLOT NO.59, SECTOR 11, BELAPUR, MUMBAI - 400
614 ALTERNATE ADDRESS OFFICE NO.223, RAHEJA
ARCADE, 2ND FLOOR, SECTOR 11, CBD BELAPUR, NAVI
MUMBAI, MAHARASHTRA 400 614. ALTERNATE ADDRESS
OFFICE NO.347, BALAJI BHAVAN, PLOT NO.42A,
SECTOR 11, CBD BELAPUR, NAVI MUMBAI,
MAHARASHTRA - 40061.
6 PAX SHIPPING, TRA-56, CATHEDRAL ROAD,
THANGASSERY KOLLAM, KERALA, PIN - 691 007
REPRESENTED BY DIRECTORS/MANAGING PARTNER.
7 S.S.MARITIME, "MARITIME NEST", LAKSHMI SHANKARA
BUILDING, URWASTORES, KODICAL ROAD, MANGALORE -
575 006, REPRESENTED BY MR.MAHADEVAN,
AUTHORISED PERSONNEL.
PRANOY K. KOTTARAM
JIKKU SEBAN GEORGE
G.HARIKRISHNAN (TRIPUNITHURA)
SIVARAMAN P.L(K/1457/2020)
ATHUL BABU(K/940/2018)
DEEPTI SUSAN GEORGE(K/000946/2011)
THIS ADMIRALTY SUIT HAVING COME UP FOR ADMISSION ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
ADML.S. NO. 6 OF 2022
3
JUDGMENT
The learned counsel for the parties today submitted
that, taking note of the suggestions made by this Court at the
Bar, when this matter was earlier considered, the parties
have entered into an out of court settlement; and that
defendants 1 and 2 have agreed to pay an amount of
Rs.75,00,000/- to the plaintiffs.
2. In fact, Sri.Pranoy K.Kottaram - learned counsel for
defendants 1 and 2, added that, out of the afore amount,
Rs.35,00,000/- has already been paid to the plaintiffs; and
that the balance will be paid not later than 09.09.2023.
3. Adverting to the afore submissions of Sri.Pranoy
K.Kottaram and since it is expressly admitted by the plaintiffs
also, I decree this suit for a total amount of Rs.75,00,000/-
and order a further amount of Rs.40,00,000/- to be paid by
defendants 1 and 2 to the plaintiffs on or before 09.09.2023;
failing which, the said sum will carry interest at the rate of
9% p.a. from that date, until it is realised.
Taking into account the peculiar circumstances
ADML.S. NO. 6 OF 2022
involved in this case, I order that no recovery for the court
fee will be effected against the plaintiffs.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
ADML.S. NO. 6 OF 2022
APPENDIX OF ADML.S. 6/2022
PETITIONER DOCUMENTS
Document No 1 TRUE COPY OF CERTIFICATE OF COMPETENCY.
Document No 2 TRUE COPY OF CONTINUOUS DISCHARGE
CERTIFICATE-CUM-SEAFARER'S IDENTITY
DOCUMENT NUMBER CH22219.
Document No 3 TRUE COPY OF THE CERTIFICATE OF INDIAN
REGISTRY DATED 05/05/1998.
Document No 4 TRUE COPY OF SALARY DECLARATION DATED
23/12/2020.
Document No 5 TRUE COPY OF WHATSAPP MESSAGE RPSL TO
CAPTAIN JACOB ANTONY.
Document No 6 TRUE COPY OF COMPANY MASTER DATA AS ON
29/04/2022.
Document No 7 TRUE COPY OF TUG RESCO-I-NAVAL CREW
LIST DATED 02/12/2020.
Document No 8 TRUE COPY OF CORRESPONDENTS LIST OF 4TH
DEFENDANT.
Document No 9 TRUE COPY OF VALID RPSL LIST MAINTAINED
BY DG SHIPPING, MUMBAI.
Document No 10 TRUE COPY OF WHATTSAPP MESSAGE DATED
15/12/2020.
Document No 11 FLIGHT TICKET DETAILS DATED 26/10/2020.
Document No 12 TRUE COPY OF TDS- FORM 26 AS - ANNUAL
TAX STATEMENT UNDER SEC 203AA OF THE IT
ACT.
Document No 13 TRUE COPY OF BANK STATEMENT DATED
13/01/2022 FOR THE PERIOD FROM
01/10/2020 TO 01/02/2021.
ADML.S. NO. 6 OF 2022
Document No 14 TRUE COPY OF BANK STATEMENT DATED
18/01/2022 FOR THE PERIOD FROM
19/12/2020 TO 28/02/2021.
Document No 15 TRUE COPY OF APPLICATION DATED
04/06/2022 AND POST MORTEM CERTIFICATE
OBTAINED DATED 01/01/2021.
Document No 16 TRUE COPY OF FIR NO.28/2020 OF
NEENDAKARA COASTAL POLICE STATION AND
NEWS PAPER CUTTING.
Document No 17 TRUE COPY OF FINAL OPINION AS TO CAUSE
OF DEATH DATED 27/04/2021.
Document No 18 TRUE COPY OF LETTER ISSUED BY CASUALITY
MEDICAL OFFICER BISHOP BENZINGAR
HOSPITAL DATED 01/01/2021.
Document No 19 TRUE COPY OF LAWYER NOTICE DATED
22/04/2022.
Document No 20 TRUE COPY OF LAWYER NOTICE DATED
26/04/2022.
Document No 21 TRUE COPY OF LAWYER NOTICE DATED
30/05/2022.
Document No 22 TRUE COPY OF LAWYER NOTICE DATED
09/06/2022.
Document No 23 TRUE COPY OF LAWYER NOTICE DATED
01/08/2022.
Document No 24 TRUE COPY OF EMAIL COMMUNICATIONS
BETWEEN 18/03/2022 TO 01/08/2022.
Document No 25 TRUE COPY OF DRAFT RELEASE AND
DISCHARGE, AND INDEMNITY BOARD.
Document No 26 TRUE COPY OF THE STATUTORY
REPRESENTATION DATED 25TH JUNE 2022.
