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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MAUNA M.BHATT
Singh Prabjeet – Appellant
Versus
Vessel M.T. Nirvana (IMO 9158161) – Respondent
| Table of Content |
|---|
| 1. claims by seafarers for unpaid wages. (Para 1) |
| 2. basis for maritime claims and vessel liability. (Para 2 , 3 , 4 , 5) |
| 3. court's view on entitlement for maritime relief. (Para 6) |
| 4. order for arrest of the defendant vessel. (Para 7 , 8 , 9) |
| 5. procedural directives for enforcement of arrest order. (Para 10 , 11 , 12 , 13 , 14) |
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 s
Court affirmed the maritime claim of seafarers for unpaid wages, enabling vessel arrest as a protective measure under the Admiralty Act, 2017.
Claims for unpaid wages by the vessel's crew create maritime liens enforceable against the vessel under the Merchant Shipping Act.
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.
The court affirmed that a maritime claim exists against a vessel when contractual obligations are not met, allowing for the arrest of the vessel to secure the claim.
The court affirmed the Plaintiff's right to arrest the Defendant vessel based on maritime claim provisions, affirming that contractual breaches and associated sanctions justified immediate action.
The court held that a maritime claim under the Admiralty Act justifies the arrest of a vessel to secure a buyer's interests in case of the seller's breach of agreement.
The Plaintiff established a prima facie maritime claim for total loss of cargo, warranting arrest of the Defendant Vessel under the Admiralty Act, 2017.
The court established that a maritime claim for lost cargo under the Admiralty Act justifies vessel arrest, with jurisdiction confirmed as the vessel is present within the territorial waters.
The court affirmed the validity of maritime liens for opportunity loss charges and granted a warrant for the arrest of the vessel to secure claims pending indemnity.
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