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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SYAM KUMAR V.M.
Owners And Parties Interested In The Vessel, M.V. Korea Chemi – Appellant
Versus
Siluvaipichai Francies, S/O Francies – Respondent
ORDER :
SYAM KUMAR V.M., J.
This application is filed under Order VII Rule 11 r/w Section 151 of the Code of Civil Procedure, 1908 (CPC) by the applicants, who are defendants 1 and 2 in the above Admiralty Suit seeking to reject the plaint inter alia for being barred by the provisions of Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017. Respondents in the I.A. are plaintiffs 1 to 6 and defendants 3 to 5.
2. The bare facts relevant for the disposal of this I.A. are as follows:
Plaintiffs (Respondents 1 to 6 in the I.A.) are fishermen engaged in the avocation of deep sea fishing. On 19.10.2023, at 10.20 P.M., while they were engaged in fishing onboard the fishing boat MERCY ANNAI off the Kannur Coast, beyond the territorial waters of India, the 2nd defendant vessel collided with the fishing boat causing plaintiff Nos.1 and 4 to be thrown into the sea. The 2nd defendant is a foreign flag vessel. At the time of filing of the suit, the 2nd defendant was anchored at Nhava Sheva port limits under the Jawaharlal Nehru Port, Mumbai. The 1st defendant is the owner/party interested in the 2nd defendant vessel. The 3rd defendant is the Master of the vessel. The 4th and 5th defe
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