Madras High Court
The vs Vessel Viz on 20 July, 2022
Author: Abdul Quddhose
Bench: Abdul Quddhose
A. No.6473 of 2023
A. No.6473 of 2023
in
C.S. (COMM. DIV.) No.294 of 2023
ABDUL QUDDHOSE, J.
This suit has been filed under the Admiralty jurisdiction of this Court. The plaintiff claims to be a Seaman, who was employed on board the defendant Vessel viz., M.V. PURAVALAN1, which is now named as M.V.RAHIMA and now lying at the Port of Tuticorin.
2. The plaintiff was employed as an Oiler by the Owners of the defendant Vessel under a Crew Agreement, dated 20.07.2022 and he joined duty on Board the defendant Vessel at the Port of Male, Maldives. The contract of employment was for a period of thirteen months. The owners of the defendant Vessel failed to pay his wages as per the Crew Agreement, dated 20.07.2022. The plaintiff had signed off the Vessel on 24.08.2023. The plaintiff had sent several reminders to the Owners of the defendant Vessel as seen from the documents filed along with the plaint calling upon them to pay the arrears of his wages. The defendant has also acknowledged their liability to the plaintiff as seen from the salary settlement letter issued by the defendant to the plaintiff. As seen from the said letter, the Owners of the defendant Vessel have promised to settle the dues of the plaintiff, within a short time. The https://www.mhc.tn.gov.in/judis 1/4 A. No.6473 of 2023 plaintiff joined duty on board the defendant Vessel on 24.07.2022 and has signed off from the defendant Vessel on 24.08.2023. Despite the undertaking given by the Owners of the defendant Vessel to settle the dues of the plaintiff Vessel, they have failed to pay his dues. The plaintiff being a Seaman is having a maritime lien over the defendant Vessel. Since the owners of the defendant Vessel have not paid the wages, the plaintiff has filed this Admiralty suit. As seen from the plaint averments, as well as from the affidavit filed in support of this application seeking for arrest of the defendant Vessel, the defendant Vessel is presently lying at the Port of Tuticorin. The plaintiff has also stated in the plaint as well as in the affidavit that the defendant Vessel is likely to sail away any time from the Port of Tuticorin after loading Cargo. In such circumstances, the applicant / plaintiff is seeking for arrest of the Defendant Vessel.
3. After giving due consideration to the plaint averments as well as to the contents of the affidavit filed in support of this application as well as to the documents filed along with the plaint, this Court is of the considered view that a prima facie case has been made out by the plaintiff for grant of an order of arrest of the defendant Vessel M.V.PURAVALAN1, which is presently named as M.V.RAHIMA, now lying at the Port of Tuticorin. The balance of convenience and irreparable hardship has also been established by the plaintiff. https://www.mhc.tn.gov.in/judis 2/4 A. No.6473 of 2023
4. For the foregoing reasons, this Court is inclined to grant an order of arrest as prayed for in A. No.6473 of 2023. Accordingly, the defendant Vessel M.V.PURAVALAN1, which is presently named as M.V.RAHIMA, now lying at the Port of Tuticorin is ordered to be arrested as prayed for in A. No.6473 of 2023.
5. Notice to the respondent / defendant, returnable by 13.12.2023. Private notice is also permitted.
6. Post the matter on 13.12.2023.
06.12.2023 Note : Registry is directed to issue Order of Arrest by today itself.
vsi2 https://www.mhc.tn.gov.in/judis 3/4 A. No.6473 of 2023 ABDUL QUDDHOSE, J.
vsi2 A. No.6473 of 2023 in C.S. (COMM. DIV.) No.294 of 2023 06.12.2023 https://www.mhc.tn.gov.in/judis 4/4