Plaintiffs may recover claims from sale proceeds of other vessels owned by the same defendant if primary claims remain unsatisfied.

JUDGMENT :

ABHAY AHUJA, J.

1. This Interim Application seeks a direction to the Prothonotary & Senior Master to release the amount of Rs. 1,03,07,839.73/- along with interest as per the judgment and order dated 22^nd February, 2022, passed in Admiralty Suit No. 64 of 2015 in favour of the Applicant, which is lying in this Court with respect to the sale proceeds of M. V. Labitra Kharisma and M. V. Betul SSA, which were owned by the very same ship owner viz. Jaisu Shipping Company Pvt. Ltd. and sold in auction in Admiralty Suit No. 12 of 2014 and Admiralty Suit No. 36 of 2014.

2. Mr. Damle, learned Counsel appearing for the Applicant submits that earlier, by order dated 22^nd February, 2022, Suit in favour of the Applicant was decreed in terms of prayer Clause (a), except that interest on principal sum of Rs. 50,42,325/- from date of the Suit till payment or realisation would be at the rate of 12% per annum and it was directed that the decree be drawn up after giving credit to a sum of Rs.9,09,000/- admittedly received by the Plaintiff.

3. Mr. Damle submits that thereafter the decree was drawn up and as per the decree, the Defendants No. 1, 3 and 4 have been directed to pay to the Plaintiff a sum of Rs. 67,25,549.67 for debt and Rs. 43,81,435.06 for interest at the rate of 12% per annum on the sum of Rs. 50,42,325/- from the date of filing of the Suit i.e. 29^th November, 2014 till 22^nd February, 2022 and the sum of Rs. 1,09,855/- for costs of the Suit including Advocates fees quantified at Rs.15,000/- aggregating to Rs. 1,03,07,839.73, after giving credit of Rs. 9,09,000/- admittedly received by the Plaintiff along with interest at the rate of 12% per annum till payment and/or realisation.

4. Mr. Damle submits that although the decree relates to a claim of 12 Invoices in respect of supply of fresh water to vessel M. V. Labitra Carmel, which was the Defendant No. 1 in Admiralty Suit No. 64 of 2015, however, since after auction of the said vessel, the amount of Rs. 25,00,000/- received as sale proceeds was for satisfaction of the claim of the Mumbai Port Authority as the said claim ranked in priority as maritime lien and therefore, this Interim Application has been filed to make the claim against the sale proceeds of the other two vessels viz. M.V. Labitra Kharisma and M. V. Betul SSA, owned by the very same ship owner i.e. the Defendant No.3 in this Suit viz. Jaisu Shipping Company Pvt. Ltd.

5. Referring to the report of the Master & Assistant Prothonotary of this Court in compliance of the order dated 12^th April, 2024 in the Execution Application No. 623 of 2024, Mr. Damle submits that the two reports: one in the case of M.V. Labitra Kharisma and other in the case of M. V. Betul SSA clearly indicate that there are sufficient amounts lying with the Prothonotary & Senior Master to satisfy the decree of the Plaintiff.

6. Referring to another report of the Master & Assistant Prothonotary, learned Counsel submits that pursuant to the order dated 9^th May, 2024, the Master & Assistant Prothonotary has clearly stated in the report that no Suits and claims have been found to have been filed against the vessels M. V. Labitra Kharisma and M. V. Betul and against the sale proceeds thereof till date viz. 24^th July, 2024.

7. This Court had earlier raised a query to Mr. Damle, as to the law under which the Applicant/Decree Holder is permitted to seek disbursal from other Suit accounts where the proceeds are lying after sale of vessels owned by the same ship owner, Mr. Damle has in response relied upon the following two decisions in support to submit that if the Plaintiff is unable to satisfy