S.SIRI JAGAN
Fithaly Fernando – Appellant
Versus
Principal Officer and Shipping Master – Respondent
The petitioner is the Chief Engineer of a ship by name “MV Kinship Prosperity” owned by the 4th respondent. The ship bears the Indian flag. He has certain disputes regarding arrears of wages allegedly due to him from the 4th respondent. He has filed this Writ Petition under Art.226 of the Constitution of India invoking the admiralty jurisdiction of this Court for arrest and detention of the said ship for securing the petitioner’s claim, if ultimately, the same is allowed by the competent authority. The petitioner therefore seeks the following reliefs:
“i) Arrest and detain the vessel “MV Kinship Prosperity” owned by the 4th respondent, more particularly described and scheduled separately to secure the claim of the petitioner, and forthwith communicate the same to the Harbour Master, Bombay Port/Conservator of Port in Bombay, to secure the claim of the petitioner raised in Exts.P15 to 17;
ii) issue a mandamus to respondents 1 to 3 to consider the matter of the claims raised by the petitioner under Exts.P15 to P17.”
2. The 4th respondent fiercely opposes the Writ Petition controverting the contentions of the petitioner including the claim of the petitioner for wages itself.
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