KYAW LIN TUN MYANMAR Vs. OWNERS AND PARTIES INTERESTED IN THE VESSEL MV OSM ARENA NOW LYING AT THE OUTER ANCHORAGE OF PORT OF CHENNAL TAMIL NADU AND

JUDGEMENT

(1.) THIS is an application taken out by 3 members of the crew of the Vessel M.V. OSM ARENA, who are the plaintiffs in the suit, seeking appropriate directions for the maintenance of the vessel and the crew members, pending disposal of the suit on an emergent basis.

(2.) HEARD Mr. S. Vasudevan, learned counsel for the applicants/plaintiffs, Mr. T. Poornam, learned counsel for the second respondent and Mr. J. Sivanandaraj, learned counsel for the third respondent.

(3.) BUT subsequently, when the transfer petition came up before the supreme Court on 11.7.2011, the Supreme Court permitted the petitioners to approach this Court, irrespective of the pendency of the transfer petition, if there was an emergency. Therefore, this application has been filed by the crew members on two grounds viz., (i) that the crew are stranded in the sea for the past about 17 months without wages and (ii) that a company by name M/s. Seatraffic which had been making supply of necessaries to the Vessel under orders of Court, have expressed inability to continue the supplies.