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2025 DIGILAW 488 (GUJ)

Singh Prabjeet v. Vessel M. T. Nirvana (IMO 9158161)

2025-06-17

MAUNA M.BHATT

body2025
ORDER : 1. Learned Advocate Mr. Jeet B. Karia for the Plaintiffs, placing reliance on the averments made in the plaint, submitted that the Plaintiffs are seafarers/crew members of various designations presently employed and rendering their services on board the Defendant Vessel MT NIRVANA (IMO 9158161) under contracts of employment/Seafarers Employment Agreements entered into by all the Plaintiffs with the ‘Ship Owner/Manager/Crew Manager’- Ozarka Shipping FZCO. It is submitted that although wages were paid to the Plaintiffs up to February 2025, there is an admitted default in payment of wages and other benefits to the Plaintiffs from March, 2025 onwards resulting in total outstanding dues to them of USD 1,33,514.87/- till May, 2025 (May, 2025 included) towards wages and USD 5,850/- towards legal expenses. On 15.04.2025, the Plaintiffs had also sent letter to said Ozarka Shipping FZCO for their dues but to no avail and the Plaintiffs are yet not paid their said dues. 2. Learned Advocate submits that the present suit is for recovery of these outstanding wages and other benefits of the Plaintiffs from the vessel as well as the owner. The vessel and the owner are jointly and severally liable for the payment of wages of the Plaintiffs. The Plaintiffs are entitled for a principal sum of USD 1,33,514.87/- towards their wages and benefits till the present date together with legal costs and expenses till date along with an interest of 24% p.a. from the date the said amounts were due till the realization. Therefore, the claim in this suit is a ‘maritime claim’ in terms of Section 4(1)(o) of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (“Admiralty Act, 2017”) as well as a ‘maritime lien’ in terms of Section 9(1)(a) read with Section 2(1)(g) of the Admiralty Act, 2017 and therefore also a ‘maritime claim’ under Section 4(1)(w) thereof. The Plaintiffs enjoying a maritime lien and maritime claim, legitimately entitles them to procure the arrest, condemnation and sale of the Vessel as security for the claim. 3. Learned Advocate Mr. Karia also submits that the continued detention of the Plaintiffs on board the Vessel without wages and almost depleted provisions, supplies, food, potable water and fuel oil for their simple survival poses a serious risk to their lives and welfare. 3. Learned Advocate Mr. Karia also submits that the continued detention of the Plaintiffs on board the Vessel without wages and almost depleted provisions, supplies, food, potable water and fuel oil for their simple survival poses a serious risk to their lives and welfare. The learned Advocate therefore prays that the Defendant Vessel be ordered to be arrested, condemned, and sold, and only such crew members from the Plaintiffs on board be maintained for complying the Safe Manning requirements and the remaining Plaintiffs be permitted to sign off and disembark the Defendant Vessel, without prejudice to their claim. The learned Advocate for the Plaintiffs has produced by way of purshis the letter dated 17/06/2025 of one Aristar Shipping Pvt Ltd which is the Ship Crew Manager of the Defendant Vessel undertaking such sign off of Plaintiffs from the Defendant Vessel. It is submitted that if interim reliefs as prayed for are not granted, the Plaintiffs will face irreparable loss and injury. 4. It is further submitted that there are other prior suits which have been filed against the Defendant Vessel and the said Vessel is arrested therein pursuant to the orders passed by this Hon’ble Court. 5. It is also submitted that the Defendant Vessel is currently within the territorial waters of the State of Gujarat, India at Alang port, Bhavnagar and therefore this Hon’ble Court has the jurisdiction to receive, entertain and try the present Suit. 6. Heard learned Advocate Mr. Jeet Karia for the Plaintiffs and also considered the averments made in the plaint, supporting documents and the affidavit in support of the plaint. On a reading of the plaint and annexures thereto, prima facie it appears that the Plaintiffs’ claim in the Plaint is in the nature of a maritime claim and a maritime lien and the Plaintiffs have also established that they are entitled to equitable relief. 7. On a reading of the plaint and annexures thereto, prima facie it appears that the Plaintiffs’ claim in the Plaint is in the nature of a maritime claim and a maritime lien and the Plaintiffs have also established that they are entitled to equitable relief. 7. Accordingly, upon the Plaintiffs giving an undertaking in writing to pay such sums as may be awarded by way of damages in the event of the Defendant Vessel sustaining prejudice by this order, I do Order that the Registrar of this Court do issue a warrant for the arrest of the Defendant Vessel MT NIRVANA (IMO 9158161), together with her hull, tackle, engines, gears, machinery, apparel, plant, furniture, equipment and all appurtenances, presently lying at the Port of Alang, Bhavnagar within Indian territorial waters and that the Warrant of Arrest shall be executed at any time of day or night, including on Sundays and holidays and I do further order that the Port Officer and the Customs Authorities at Alang Port, Bhavnagar do effect the arrest, seizure or detention of the Defendant Vessel at present lying at Alang Port, Bhavnagar or within the Indian territorial waters or such other place wherever she may be within the territorial waters of India and I do further order that in the event of the Defendant and / or those interested in her depositing in this Court for securing and / or satisfying the Plaintiffs’ claim of US Dollars 1,33,514.87/- plus legal expenses of USD 5,850/- plus further interest at the rate of 24% per annum on said sums from suit date till payment and /or realisation, the said Warrant of Arrest would not be executed against the Defendant Vessel. 8. The Port Officer and the Customs Authorities at Alang Port, Bhavnagar are directed to arrest the Defendant Vessel i.e. Vessel NIRVANA (IMO 9158161) at present lying at Alang Port, within the Indian territorial waters and to keep the Defendant Vessel under arrest until further orders of this Court. It is further ordered that the Port Officer and the Customs Officer at Alang Port, Bhavnagar shall also intimate about this order to the Master / Chief Engineer of the Defendant Vessel and effect the warrant of arrest for the Defendant Vessel through email. 9. It is further ordered that the Port Officer and the Customs Officer at Alang Port, Bhavnagar shall also intimate about this order to the Master / Chief Engineer of the Defendant Vessel and effect the warrant of arrest for the Defendant Vessel through email. 9. As undertaken by said Aristar Shipping Pvt. Ltd. only such crew members from the Plaintiffs be maintained on board the Vessel for complying the Safe Manning requirements and the remaining Plaintiffs be permitted to sign off and disembark the Defendant Vessel without prejudice to their claim, which shall be endeavoured to be done at the earliest and if costs for the same are borne by Aristar Shipping Pvt Ltd. 10. The Registry is directed to send this order to Port and Customs at Alang Port, Bhavnagar at following addresses : a. Cusdiv-bvr@nic.in b. cusprevhg-jmr@nic.in c. gmbad@sancharnet.in d. trf.pogmbbvr@gmail.com e. rahul.parmar@icegov.in f. alanggmb@yahoo.com g. trf.pogmbbvr@gmail.com h. Sbyalangcdbvr199@gmail.com i. pogmbalang@gmail.com j. alanggmb@yahoo.com k. shrushtilogistic@gmail.com l. Rogpcb-bhav@gujarat.gov.in m. portopscenter.dahej@adani.com 11. It is further directed that Authorities at Alang Port, Bhavnagar shall act on Email copy of the order and take the Defendant Vessel i.e. NIRVANA (IMO 9158161) under arrest and comply other directions immediately. 12. It is also open for the Plaintiffs’ Advocate to communicate the above order by Email to the Port and Customs authorities at Alang Port, Bhavnagar and the Authorities at Alang Port are directed to act on Email message with an ordinary copy of this order. 13. NOTICE to the Defendants returnable on 04.07.2025. The Plaintiffs are permitted to serve to the Defendant Vessel by email through her Owner or interested person. 14. It is made clear that it will be open for the Defendants to approach this Court even prior to the returnable date with adequate notice to the Plaintiffs. Direct Service TODAY is permitted.