(B.P. Colabawalla J.)

1. Admit. By consent of parties, the Appeal is heard finally.

2. In the present appeal, exception is taken to the order of the learned single Judge dated 5th December 2013 confirming the sale of a vessel M.V. Crown 1 belonging to the Company in liquidation (respondent No.1) in favour of Respondent No.2 whose bid of Rs.1.5 crores was the highest. The appellant was a Master on the said vessel. According to him, the said vessel cannot be sold before his wages are paid in view of section 42(2A) read with section 148 of the Merchant Shipping Act, 1958 (said Act).

3. The question that falls for consideration is whether the provisions of section 42(2A) apply to the sale of a vessel, conducted by a Court.

4. The facts stated briefly are as follows:-

The Company, M/s Crown Maritime Co.(India) Pvt. Ltd. is the owner of the said vessel. The appellant contends that he was the Master of the said vessel since 11th June 2009. The company was ordered to be wound up by the Company Court in or around March 2010. On 21st April 2011, the Official Liquidator arrested the said vessel.

5. After the arrest, several attempts were made to sell the vessel but without suc