IRWIN EDMUND SEQUEIRA Vs. M.V. KARNIKA

JUDGEMENT

(1.) This Interim Application is filed seeking the permission of this Court to allow applicant Nos.5,12,13,14,16,21,22,24,26,27, 28,29, 30,31,32, 33, 36, 38, 41, 43, 44 to disembark the defendant vessel and be allowed to be repatriated to their respective places of residence. Mr. Fernandes, the learned advocate appearing on behalf of the Mumbai Port Trust and who has intervened in the above Interim Application, has submitted that this Court should ensure that the persons who are permitted to disembark from the defendant vessel should not be any of the crew that are required to stay on board as per the Safe Manning Certificate issued by the Bahamas Maritime Authorities.

(2.) In answer to the aforesaid argument, Mr. Kamat the learned counsel appearing on behalf of the applicant states that the master of the defendant vessel undertakes that the applicants mentioned in prayer clauses (b) and (d) are not crew that are required to stay on board as per the Safe Manning Certificate issued by the Bahamas Maritime Authorities. The aforesaid statement is accepted as an undertaking given to this Court. Once this undertaking is given and accepted by the Court, then I think, the apprehension of Mr. Fernandes is adequately redressed.

(3.) As far as prayer clause (f) is concerned, it seeks the payment of wages of the Applicants mentioned therein as sea going safe manning crew on board the defendant vessel and that the expenses incurred for this be treated as Sheriffs expenses.