Bombay High Court
Slovensnov Vadym And 11 Ors vs Osv Beas Dolphin (Imo No. 9413482) on 18 February, 2021
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
3.sheriffreport.14.2021.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
Dhanappa
I. Koshti
SHERIFF'S REPORT NO. 14 OF 2021
Digitally signed
by Dhanappa I.
IN
Koshti
Date: 2021.02.18
COMM NOTICE OF MTION (L) NO. 2261 OF 2019
18:17:25 +0530 IN
COMM. ADMIRALTY SUIT (L) NO. 63 OF 2019
Slovensnov Vadym and 11 ors. ... Petitioners
Vs
OSV Beas Dolphin (IMO No.9413482) ... Respondent
Mr. Osama Butt i/b Ganesh and Co. for the Petitioners.
Mr. Rohan Mathur i/b Anoma Law Group LLP for the Respondent.
Mr. D..S.Choudhary Dy.Sheriff present.
CORAM : B. P. COLABAWALLA, J.
DATE : 18th FEBRUARY, 2021 P.C. :
1 This Sheriff's Report has been fled seeking to correct the typographical mistake in the fgure mentioned in the order dated 10th December, 2020. In paragraph 2 of the order, the fgure of "Rs.33,55,352.00" shall be substituted with the fgure "Rs.33,55,332.00". Similarly in paragraph 3 of the order, wherever the fgure "Rs.7,32,509.00" shall be substituted with the fgure Page 1 of 8
3.sheriffreport.14.2021.odt "Rs.7,32,590.00". Similarly in the prayer clauses, the fgure of Rs.33,55,352/- shall be read as Rs.33,55,332/- and the fgure of Rs.7,32,509/- shall be read as Rs.7,32,590/-. No other correction is sought. The above correction shall be carried out in the original order as well as the order uploaded on the server of this Court.
2 The Sheriff's Report is accordingly disposed of. No order as to costs.
3 This order shall be digitally signed by the Private Secretory /Personal Assistant of this Court. All concerned shall act on production by fax or e-mail of a digitally signed copy of this order.
(B. P. COLABAWALLA, J. ) THE CORRECTED ORDER READS AS UNDER :-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION SHERIFF'S REPORT NO. 65 OF 2020 IN COMM. ADMIRALTY SUIT (L) NO . 63 OF 2019 Slovesnov Vadym & Others ..... Plaintiffs Vs. Page 2 of 8
3.sheriffreport.14.2021.odt OSV Beas Dolphin (IMO No.9413482) ..... Defendant Along with Intervention Application (L) 6610 of 2020 In Commercial Admiralty Suit (L) No. 63 of 2019 Shiva Anandh Kanagaraja ..... Applicant Slovesnov Vadym & Others ..... Plaintiffs Vs. OSV Beas Dolphin (IMO No.9413482) ..... Defendant And Intervention Application (L) No. 6616 of 2020 In Commercial Admiralty Suit (L) No. 63 of 2019 Abhay Narayan Singh & Others ..... Applicants Slovesnov Vadym & Others ..... Plaintiffs Vs. OSV Beas Dolphin (IMO No.9413482) ..... Defendant ................
Mr. Prashant S Pratap, Senior Advocate with Mr. Siddharth Singh, Advocate i/b Anoma Law Group LLP for Contemnor Nos. 1 to 5 Mr. Prathamesh Kamat a/w Osama Butt i/b Ganesh & Co. for the Plaintiffs Ms. Apurva Mehta for the applicant in IA(L)/6610/2020 & IA(L)6616/2020 in COMAS(L)/63/2019 Mr. D.S. Choudhari, Dy. Sheriff is present .....
CORAM : B. P. COLABAWALLA, J.
Page 3 of 8
3.sheriffreport.14.2021.odt
10th DECEMBER, 2020.
P.C. :
The Sheriff has sought directions for making various payments from out of the sale proceeds of the Defendant vessel OSV Beas Dolphin which was sold pursuant to an order dated 24 September 2020. The sale was at a price of Rs.9,50,00,000.00 and the net sale proceeds available after deduction of sale expenses aggregate to Rs.9,44,86,141.00.
2 The Sheriff has sought directions for payment of Rs.33,55,332.00 towards the expenses incurred for the crew towards repatriation expenses, supply of food, fresh water, bunkers, lubricating oil and other necessaries by the P & I Club Maritime Mutual Insurance Association (NZ) Ltd. In this regard it may be seen that by order dated 21 September 2019 on an Application moved by the Plaintiffs it was directed that the expenses incurred and to be incurred by Maritime Mutual Insurance Association (NZ) Ltd. on behalf of the crew members towards repatriation expenses, supply of food, fresh water, bunkers, lubricating oil and other necessaries shall be treated as Sheriff's / Admiralty Registrar's / Page 4 of 8
3.sheriffreport.14.2021.odt Marshall's expenses. The expenses of Rs. 33,55,332.00 incurred by Maritime Mutual Insurance Association (NZ) Ltd. are covered by the said order dated 21 September 2019. The expenses have been verifed by the Deputy Sheriff of Mumbai and consequently prayer
(a) of the Sheriff's Report No. 65 of 2020 is granted. 3 The Sheriff's Report also seeks directions for making payment of a sum of Rs.7,32,590.00 towards the wages of Plaintiff Nos. 2, 5, 9, 8 and 12 who remained on board the Defendant vessel as skeleton crew for the period between the date of arrest of the vessel and their repatriation by the P & I Club. By order dated 24 September 2019 it was directed that the wages of Plaintiff Nos. 2, 5, 9, 8 and 12 who remained on board as skeleton crew after the date of arrest of the vessel till the date of their repatriation, may be treated as Sheriff's expenses and paid out frst as priority from the sale proceeds of the Defendant vessel. These wages have been verifed by the Deputy Sheriff and aggregate to a sum of Rs.7,32,590.00. Accordingly this amount is required to be paid out to the said Plaintiff Nos. 2,5, 9, 8 and 12 in accordance with the order of this Court dated 24 September 2019. Accordingly prayer
(b) of the Sheriff's Report No. 65 of 2020 is granted. Page 5 of 8
3.sheriffreport.14.2021.odt 4 The third prayer which is sought by the Deputy Sheriff is for payment of Rs.32,36,535 as wages to the fresh crew which was recruited in substitution of the original crew members being Plaintiff Nos. 1, 3, 4, 6, 7, 10 and 11 who were repatriated pursuant to order dated 24 September 2019. These new crew members were arranged by the owners of the Defendant vessel pursuant to order dated 6 November 2019 because the vessel could not be left unmanned and was required to meet with the safe manning requirements. The order dated 21 September 2019 which provides for the wages of the existing crew members between the date of arrest and the date of their repatriation be treated as Sheriff's expenses and paid out as priority from the sale proceeds of the vessel, shall equally apply to these new crew members who joined service on board after the date of the arrest of the vessel in substitution of the existing crew members who were repatriated. Accordingly the wages of these new crew members from the date of joining till the date of repatriation / sign off will have to be paid in priority from the sale proceeds of the Defendant vessel. The Deputy Sheriff has quantifed these wages at Rs.32,36,535.00. Page 6 of 8
3.sheriffreport.14.2021.odt 5 The new crew members have also fled Interim Application (L) No.6610 of 2020 and Interim Application (L) No. 6616 of 2020 in which they have prayed for their wages to be paid in priority from the sale proceeds of the Defendant vessel. These have been calculated by the Deputy Sheriff at Rs.32,36,535.00 in the Sheriff's Report No.65 of 2020 dated 5 December 2020. Accordingly prayer (c) of the Sheriff's Report No. 65 of 2020 is granted and an amount of Rs.32,36,535.00 as calculated by the Deputy Sheriff be paid to the new crew members who are Applicants in the said two Interim Applications.
6 In these circumstances the Sheriff's Report No.65 of 2020 is made absolute in terms of prayers (a), (b) and (c) which reads thus:-
"(a) the Hon'ble Court may direct the Hon'ble Prothonotary and Senior Master, High Court, Bombay to pay the amount of Rs.33,55,332/- (Rs. Thirty Three Lakhs fifty five thousand three hundred thirty two only) for the expenses incurred for the crew towards repatriation expenses, supply of food, fresh water, bunkers, lubricating oil and other necessaries by the club, as shown in the Exhibit E, which are treated as Sheriff's Expenses from the balance sale proceeds of the Vessel OSV Beas Dolphin which are already deposited with the Hon'ble Court to the Aeghiscorp Maritime Ventures LLP in its Bank Account by way of NEFT.
(b) the Hon'ble Court may direct the Hon'ble Prothonotary and Senior Master, High Court, Bombay to pay the amount of Rs.7,32,590/- (Rs. Seven Lakhs Thirty Two Thousand five hundred ninety only) for the wages of Applicant Nos.2,5,9,8 and 12/ plaintiff Nos.2,5,9,8 and 12, as skeleton crew on board the Page 7 of 8
3.sheriffreport.14.2021.odt defendant vessel, for the period between filing the present Notice of Motion till their final repatriation by the Club, as shown in the Exhibit "F" which are treated as Sheriff's Expenses from the balance sale proceeds of the Vessel OSV Beas Dolphin which are already deposited with the Hon'ble Court in the bank account of the respective crew members by way of NEFT.
(c) the Hon'ble Court may issue necessary directions in respect of unpaid wages of Rs.32,36,535/- (Rs. Thirty Two Lakhs Thirty Six Thousand Five Hundred Thirty Five only) as shown in Exhibit "G" to the applicants of the Interim Application (L) No. 6610 of 2020."
7 Interim Application (L) No.6610 of 2020 and Interim Application No.6616 of 2020 in Commercial Admiralty Suit (L) No. 63 of 2019 stand disposed of accordingly.
8 This order shall be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned shall act on production by fax or e-mail of a digitally signed copy of this order.
(B. P. COLABAWALLA ,J.) Page 8 of 8