Karnataka High Court
Sri. Nalin Neeraj vs Owners & Parties Interested In The ... on 12 April, 2018
Author: Aravind Kumar
Bench: Aravind Kumar
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF APRIL, 2018
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
CIVIL PETITION NO.221 OF 2015
C/W
CIVIL PETITION NOs.101 OF 2017, 102 OF 2017
AND
CIVIL PETITION NO.104 OF 2017
IN C.P.No.221/2015
BETWEEN:
Sri. Nalin Neeraj,
Son of Rajendra Prasad Singh,
Aged about 46 years
r/o Amode Niketan Village,
Khalna Road, Muzaffarpur,
Bihar 842001
Represented by his Power of
Attorney S.N. PANDEY,
Son of Late Ram Naval Pandey,
52 years, Muzaffarpur, Bihar. ...PETITIONER
(BY MS. SUNITA SRINIVAS, ADVOCATE )
AND:
1) Owners and Parties Interested
in the vessel
M.V. Maharshi Mahatreya
Now lying within Indian territorial waters
2
In the Port of New Mangalore, Karnataka
Within the jurisdiction of this
Hon'ble Court-575010.
2. M/s Varun Shipping Co. Ltd.,
A Company incorporated
Under the Companies Act, 1956
having office at Laxmi Building,
6, Shoorji Vallabh Das Marg,
Ballard Estate, Mumbai-400 001.
3. The Deputy Conservator,
New Mangalore Port Trust,
Panambur, Mangalore-575 010
D.K. District, Karnataka.
Note: Respondent No.3 is a formal party.
...RESPONDENTS
(BY MS.SNEHA MADINUR, ADVOCATE FOR R1 & R2;
R3 SERVED)
THIS CIVIL PETITION IS FILED UNDER SEC. 9
AND 26 R/W ORDER 7 RULE 1 OF CPC, PRAYING TO
DIRECT THE 2ND RESPONDENT TO PAY TO THE
PETITIONER THE SUM OF US $ 172,705/- FOR THE
PERIOD UP TO 31.08.2015 AND FUTURE INTEREST AT
18% PER ANNUM FOR THE SUBSEQUENT PERIOD
FROM 01.09.2015 TILL THE DATE OF PAYMENT AND
ETC.,
IN C.P.No.101/2017
BETWEEN:
Sri. Pralin Prafullachandra Fadnavis,
Son of Prafullachandra Ganesh Fadnavis,
3
Aged about 59 years
r/o H-9, Himali Society,
Next to Dinanath Mangeshkar Hospital
Erandwane, Pune-411 004,
Represented by his Power of Attorney Holder
Smt.M.Jamuna Rani,
w/o of Sri J. Keshava Murthy, aged about 47 years,
r/o No. 12/16, 5th Cross, St. Claret School Road,
Sharadamba Nagar, Jalahalli,
Bengaluru-560 013 ...PETITIONER
(BY MS. SUNITA SRINIVAS, ADVOCATE )
AND:
1) Owners and Parties Interested in the vessel
M.V. Maharshi Mahatreya
Now lying within Indian territorial waters
In the Port of New Mangalore, Karnataka
Within the jurisdiction of this
Hon'ble Court-575010.
2. M/s Varun Shipping Co. Ltd.,
A Company incorporated
Under the Companies Act, 1956
having office at Laxmi Building, 6,
Shoorji Vallabh Das Marg,
Ballard Estate, Mumbai-400 001.
3. The Deputy Conservator,
New Mangalore Port Trust,
Panambur, Mangalore-575 010
D.K. District, Karnataka.
Note: Respondent No.3 is a formal party.
...RESPONDENTS
(BY MS.SNEHA MADINUR, ADVOCATE FOR R1 & R2;
4
R3 SERVED)
THIS CIVIL PETITION IS FILED UNDER
SECTIONS 9 AND 26 R/W ORDER 7 RULE 1 OF CPC,
PRAYING THIS HON'BLE COURT TO DIRECT THE 2ND
RESPONDENT TO PAY TO THE PETITIONER THE SUM
OF US $ 55,887/- AND ETC.,
IN C.P.No.102/2017
BETWEEN:
Sri. Vijesh Kumar Vijayachandra Kurup,
Son of Vijayachandra Kurup,
Aged about 38 years,
R/o Sreelakshmi Thuruthicadu, P.O,
Mallappally Taluk,
Pathanamthitta District,
Kerala State ...PETITIONER
(BY MS. SUNITA SRINIVAS, ADVOCATE )
AND:
1) Owners and Parties Interested in the vessel
M.V. Maharshi Mahatreya
Now lying within Indian territorial waters
In the Port of New Mangalore, Karnataka
Within the jurisdiction of this
Hon'ble Court-575010.
2. M/s Varun Shipping Co. Ltd.,
A Company incorporated
Under the Companies Act, 1956
having office at Laxmi Building, 6,
Shoorji Vallabh Das Marg,
Ballard Estate, Mumbai-400 001.
5
3. The Deputy Conservator,
New Mangalore Port Trust,
Panambur, Mangalore-575 010
D.K. District, Karnataka.
Note: Respondent No.3 is a formal party.
...RESPONDENTS
(BY MS.SNEHA MADINUR, ADVOCATE)
THIS CIVIL PETITION IS FILED UNDER
SECTIONS 9 AND 26 R/W ORDER 7 RULE 1 OF CPC,
PRAYING THIS HON'BLE COURT TO DIRECT THE 2ND
RESPONDENT TO PAY TO THE PETITIONER THE SUM
OF US $ 60,395/- AND ETC.,
IN C.P.No.104/2017
BETWEEN:
Sri. Pranav Pralin Fadnavis,
Son of Pralin Prafullachandra Fadnavis,
Aged about 27 years
r/o H-9, Himali Society,
Next to Dinanath Mangeshkar Hospital
Erandwane, Pune-411 004,
Represented by his Power Agent,
Smt.M.Jamuna Rani,
w/o of Sri J. Keshava Murthy,
aged about 47 years,
r/o No. 12/16, 5th Cross,
St. Claret School Road,
Sharadamba Nagar, Jalahalli,
Bengaluru-560 013 ...PETITIONER
(BY MS. SUNITA SRINIVAS, ADVOCATE )
6
AND:
1) Owners and Parties Interested in the vessel
M.V. Maharshi Mahatreya
Now lying within Indian territorial waters
In the Port of New Mangalore, Karnataka
Within the jurisdiction of this
Hon'ble Court-575010.
2. M/s Varun Shipping Co. Ltd.,
A Company incorporated
Under the Companies Act, 1956 having office at
Laxmi Building, 6, Shoorji Vallabh Das Marg,
Ballard Estate, Mumbai-400 001.
3. The Deputy Conservator,
New Mangalore Port Trust,
Panambur,
Mangalore-575 010
D.K. District, Karnataka.
Note: Respondent No.3 is a formal party.
...RESPONDENTS
(BY MS.SNEHA MADINUR, ADVOCATE FOR R1 & R2)
THIS CIVIL PETITION IS FILED UNDER
SECTIONS 9 AND 26 R/W ORDER 7 RULE 1 OF CPC,
PRAYING THIS HON'BLE COURT TO DIRECT THE 2ND
RESPONDENT TO PAY TO THE PETITIONER THE SUM
OF US $ 25,350/- TOGETHER WITH INTEREST AT 12%
PER ANNUM FOR THE SUBSEQUENT PERIOD TILL
THE DATE OF PAYMENT AND ETC.,
7
THESE CIVIL PETITIONS COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Petitioners were on contract employment with the respondent Nos.1 and 2 have filed the present petition for the relief of recovering the salaries for the period as morefully set out in the petition invoking Section 9, 26 read with Order VII Rule 1 of the Code of Civil Procedure by invoking the Original Admiralty Jurisdiction of this Court.
2. Respondents have been notified and they have appeared and have been contesting the matter. Since it was the contention of petitioners that respondents are avoiding and evading payments of their salaries while they were working on high seas and they are unable to secure the presence of the respondents, they had sought for arrest of the vessel M V Maharshi Mahatreya docked at New Mangalore Port Trust, 8 Mangaluru, which prayer came to be granted by this Court on 03.09.2015 in C.P. No.221/2015. Subsequently, this Court after hearing the learned advocates appearing for the parties and on the learned counsel appearing for respondent Nos.1 & 2 agreeing to deposit Demand Draft obtained in favour of the Registrar General, High Court of Karnataka, Bengaluru for a sum of `.1,14,79,702/-, ex parte interim order of placing the above referred vessel under arrest came to be dissolved by order dated 07.09.2015.
3. Petitioner in C.P. No.220/2015 had filed I.A. No.3/2015 for a direction to release the amount to the extent of salaries due to him from out of the amount of `.1,14,79,702/- in deposit. Learned senior counsel appearing on behalf of respondent submitted before this Court on 15.10.2015 that an amount of $ 1,49,553/- (U S Dollars) can be transferred to the account of the petitioner within a period of four weeks and as such 9 placing the said submission on record I.A.3/2015 came to be disposed of. Since the amount deposited by respondents No.1 and 2 before this Court by way of Demand Draft drawn in favour of Registrar General had been ordered to be encashed by the registry of this Court by order dated 17.11.2015 same has been encashed and kept in judicial deposit. In terms of above said order registry of this Court has transferred an amount of `.98,70,498/- to the account of the petitioner and accordingly of I.A. No.3/2015 came to be disposed of. Learned counsel for petitioner Smt. Sunita Srinivas also submits that petitioner has received this amount through credit to his account.
4. A sum of `.16,09,204/- is still available with the registry from out of the amount realized on account of the deposit made by respondents No.1 and 2. Today learned counsel appearing for both the parties have submitted that dispute between the parties namely 10 petitioner and respondent Nos.1 and 2 which lies in a narrow compass viz. relating to payment of interest on delayed payment of salary to petitioner and they have resolved the same where under it is agreed that respondents No.1 and 2 would have no objection for the petitioner receiving a sum of `.2,50,000/- towards interest for such delayed payment of salaries and learned counsel Smt. Sunita Srinivas would also submit that she has received instructions from the petitioner that petitioner has agreed to receive the said amount and as such she has prayed for release of `.2,50,000/- in favour of petitioner.
5. In the light of joint submission made by the learned advocates appearing for the parties for releasing a sum of `.2,50,000/- in favour of the petitioner, it is hereby ordered from out of the balance amount (`.16,09,204) in deposit in C.P. No.221/2015 the accounts branch of the registry shall transfer a sum of 11 `.2,50,000/- to the account of the petitioner to the bank account of petitioner as reflected in I.A.3/2015 and balance amount of `.13,59,204/- shall be refunded to the respondents by issuing a cheque in favour of 2nd respondent and on proper identification of the authorized officer of respondent by the registry.
6. The learned advocates appearing for the parties in C.P. No.101/2017, 102/2017 and 104/2017 submit that respondents No.1 and 2 are due to petitioners towards arrears of salaries for having working in the high seas in a sum of `.52,66,750/-, `.54,93,944/- and `.16,32,540/- respectively which amount have also been deposited before this Court in the respective petitions. This Court by order dated 18.05.2017 had directed the registry to deposit the said amounts in a nationalized bank subject to further orders that may be passed by this Court. On 06.06.2017 it was ordered that said amounts shall be 12 kept in Fixed Deposit for the shortest period under the scheme available with the bank and directed the registry to retain the Fixed Deposit receipts. Accordingly amounts have been deposited by the registry at State Bank of India, Vidhana Soudha branch, Bengaluru on 26.05.2017, which have earned interest.
7. Smt. Sneha Madinur learned counsel appearing for respondents Nos.1 and 2 further submits that respondents No.1 and 2 have no objection for said amounts being released in favour of petitioners, since petitioners are entitled for the salary for having working in the vessels belonging to the respondent on high seas. Memos have also been filed to said effect and it is placed on record. By placing the said memos on record, these petitions are disposed of as under.
13
ORDER
1. C.P. No.221/2015 is disposed of by directing the registry to transfer by RTGS a sum of `.2,50,000/- from out of the amount of `.16,09,204/- which is in judicial deposit in to the account number of the petitioner as has been indicated in I.A.3/2015. The balance amount of `.13,59,204/- shall be refunded to respondent No.2 by the registry by issuing a cheque to the second respondent represented by its authorized representative on proper identification.
2. C.P.No.101/2017, 102/2017 and 104/2017 are hereby disposed of by directing the registry to issue cheques in favour of respective petitioners after encashing the fixed deposits from State 14 Bank of India, Vidhana Soudha branch, Bengaluru, with accrued interest to the respective petitioners forthwith and on their proper identification.
Accordingly, all these petitions stands disposed of.
SD/-
JUDGE ykl