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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ABHAY AHUJA
Valimohamed Hasher Khakhra – Appellant
Versus
M. V. Labitra Carmel IMO 8739114 – Respondent
| Table of Content |
|---|
| 1. claim for funds under a judicial decree. (Para 1 , 2 , 3) |
| 2. claims against sale proceeds of multiple vessels. (Para 4 , 5 , 12) |
| 3. recognition of higher ranking maritime claims. (Para 6 , 7) |
| 4. legal reasoning supporting execution of maritime claims on other vessels. (Para 8 , 9) |
| 5. final ruling on allowed funds disbursement. (Para 10 , 11 , 13 , 14) |
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 22nd 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 22nd 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 d
Plaintiffs may recover claims from sale proceeds of other vessels owned by the same defendant if primary claims remain unsatisfied.
The court affirmed that a maritime claim for necessaries supplied to vessels is enforceable against the vessel, allowing a decree on admission despite the liquidation of the owner.
The court affirmed that unpaid wages for maritime employment constitute a maritime lien, granting summary judgment in favor of the Plaintiff under the Admiralty Act.
Penal Berth Hire charges are not a penalty that would be required to be proved by the Plaintiff before it can seek to recover these charges.
A maritime claim can be pursued in rem against a vessel owned by a time charterer, provided the owner is liable for the claim, regardless of applicable insolvency laws.
A breach of contract in maritime agreements may support claims for damages and penalties under the Admiralty Act 2017, classifying such disputes as maritime claims.
The court affirmed that a breach of contract under the Admiralty Act justifies a maritime claim, requiring the defendant to furnish security for damages due to failure in contractual obligations.
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