Bombay High Court
Louis Pappas Corp vs Mv Kaptan Hasal Onal Imo 9539559 on 6 October, 2023
Author: R.I. Chagla
Bench: R.I. Chagla
1.JOL.14431.23 in COMAS.14.23 wt..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
JUDGE'S ORDER (L) NO. 14431 OF 2023
IN
COMMERCIAL ADMIRALTY SUIT NO. 14 OF 2023
Louis Pappas Corporation ... Plaintiff
Versus
M V Kaptan Hasan Onal (IMO 9539559) ... Defendant
WITH
INTERIM APPLICATION (L) NO. 20271 OF 2023
WITH
INTERIM APPLICATION (L) NO. 22317 OF 2023
WITH
INTERIM APPLICATION (L) NO. 24591 OF 2023
IN
COMMERCIAL ADMIRALTY SUIT NO. 14 OF 2023
Ms. Bulbul Singh Rajpurohit a/w Mr. Rajendra Bothre, Mr. Siddharth
Manek i/b M/s. Crawford Bayley & Co. for the Plaintiff.
Mr. Kunal Naik i/b Ashwin Shanker for the Defendant.
Mr. Kersi Aga, Surveyor, Erricsson and Richards, present.
Mr. Glorio Fernandes, Vessel Shipping Agents, present.
Mr. D.S. Chaudhary, Deputy Sheriff, present.
CORAM : R.I. CHAGLA, J.
DATED : 6th OCTOBER, 2023.
ORDER :
1 The learned Advocate appearing for the Defendant has Waghmare 1/6 ::: Uploaded on - 07/10/2023 ::: Downloaded on - 08/10/2023 22:59:12 :::
1.JOL.14431.23 in COMAS.14.23 wt..doc sought discharge on ground of non-payment of fees. This is mentioned in communication dated 06.10.2023 addressed by the Advocate for the Defendant to the Prothonotary and Senior Master of this Court, enclosing the e-mail addressed by the Advocate for the Defendant to the Defendant to make alternate lawyer representation. The communication dated 06.10.2023 is taken on record and marked 'X' for identification. Accordingly, Advocate for the Defendant stands discharged. 2 By the order dated 27.09.2023 this Court had appointed M/s. Ericson & Richards Surveyors Pvt. Ltd. as surveyor of the Defendant vessel to conduct survey of the vessel and condition of the on board crew members. In addition to the surveyor appointed by this Court, a Class Surveyor was also permitted to conduct survey of the Defendant vessel. 3 The appointed surveyor has tendered report to this Court in sealed cover. The sealed cover is opened and the contents of the report is noted. The copies of the report shall be made available to the parties in the above Suit at their cost.
4 The surveyor's report has concluded that the vessel is in an extremely poor condition and not fit for selling/trading. Substantial repairs with associated costs will be required, possibly with a dry dock before the vessel can be re-certified and put back into service. The Waghmare 2/6 ::: Uploaded on - 07/10/2023 ::: Downloaded on - 08/10/2023 22:59:12 :::
1.JOL.14431.23 in COMAS.14.23 wt..doc surveyor has appended photographs of the vessel to the report. There is also a statement of pending wages up to 30.09.2023 of the crew members who have been signed off.
5 By the said order dated 27.09.2023 the Sheriff of Mumbai was directed to ascertain whether the signed off crew members have been paid their wages in view of the statement made in the affidavit in reply filed by the Defendant which was taken on record. The Defendant was also at liberty to provide further documents in order to establish that these crew members have been paid and that there are no pending dues of these crew members.
6 Further, statement had been made by the learned Counsel for the Defendant on instructions from Mr. Fahrettin Onal, Director of the Bramco Shipping Limited, who was present in Court that pending wages in respect of the on board crew members will be paid on or before 10.10.2023. Statement was accepted.
7 The Deputy Sheriff of Mumbai present in Court states that pursuant to the e-mail dated 29.09.2023 addressed to the Advocate for the Defendant for providing documentary proof of the payments made to the signed off crew members, there have been no documents provided other than a statement with regard to the salary transferred including Waghmare 3/6 ::: Uploaded on - 07/10/2023 ::: Downloaded on - 08/10/2023 22:59:12 :::
1.JOL.14431.23 in COMAS.14.23 wt..doc UTR reference numbers and date of payments to the signed off crew members enclosed in e-mail dated 05.10.2023. It is stated in the said e- mail that the payments of the crew members were made through the owners' appointed crewing/manning agents Mahadeva Shipping and Management Pvt. Ltd., Navi Mumbai.
8 In view thereof, the Defendant is directed to remain present on the next date. Further, considering the conclusion of the report of the appointed surveyor with regard to the vessel being in extremely poor condition and not fit for selling/trading, appropriate directions will be issued on the next date with regard to the sale of the vessel. 9 The expenses incurred for survey of the vessel and other associated expenses have been directed to be borne by the Defendant vide order dated 27.10.2023. The Defendant shall comply with the same on or before the next date. The representative of the surveyor is present in Court and confirms having sent the statement of expenses which have been incurred by the surveyor to the Advocate for the Defendant. 10 The shipping agent who is also present in Court states that the recent supplies have not been provided as stated by the Defendant in the affidavit in reply and the last supplies to the on board crew members was on 18.08.2023. He further states that his expenses have not been Waghmare 4/6 ::: Uploaded on - 07/10/2023 ::: Downloaded on - 08/10/2023 22:59:12 :::
1.JOL.14431.23 in COMAS.14.23 wt..doc paid by the Defendant.
11 The Defendant shall take appropriate steps to appoint their Advocate. The Defendant will be answerable to the Court as to why orders of this Court have not been complied with as well as why incorrect statements have been made in the affidavit in reply filed by the Defendant. Further the Defendant is directed to provide documents supporting the statement which they have sent to the Sheriff of Mumbai vide e-mail dated 05.10.2023.
12 The Sheriff's Report and Judges Order shall be placed on 12.10.2023, First on board, along with the Interim Application (L) No.20271 of 2023.
13 At this stage the learned Counsel appearing for the Plaintiff has sought extension of time to file the affidavit in reply to the Interim Application (L) No.22317 of 2023 filed by the Applicant/Defendant seeking disposal of the Suit and for setting aside/vacation of the order of arrest of the Defendant vessel dated 31.05.2023. An attempt was made to e-file the affidavit in reply but due to technical issue, the e-filing is not possible. Accordingly, extension of time is granted. Waghmare 5/6 ::: Uploaded on - 07/10/2023 ::: Downloaded on - 08/10/2023 22:59:12 :::
1.JOL.14431.23 in COMAS.14.23 wt..doc 14 The Plaintiff has tendered the affidavit in reply dated 07.09.2023 which is taken on record. Registry shall accept the e-filing of the affidavit in reply.
15 The erstwhile Advocate for the Defendant who has been discharged by this order shall communicate this order to the Defendant forthwith.
(R.I. CHAGLA, J.) Waghmare 6/6 ::: Uploaded on - 07/10/2023 ::: Downloaded on - 08/10/2023 22:59:12 :::