Court affirmed the maritime claim of seafarers for unpaid wages, enabling vessel arrest as a protective measure under the Admiralty Act, 2017.

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. 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 affidav