K. GEORGE EASSI Vs. M. V. DON JOSE

JUDGEMENT

(1.) The present suit has been fled, in this Court in its Admiralty jurisdiction, by the plaintiffs who were the master and crew of the 1st defendant vessel. Defendant No.2 is the owner of the 1st defendant vessel and defendant No.3 is the crewing agent. The present Judges Order has been fled to arrest the 1st defendant vessel in order to secure the dues/wages of the plaintiffs.

(2.) I have heard Mr. Sen, the learned counsel appearing on behalf of the plaintiffs and also considered the averments in the plaint. On going through the plaint, I fnd that a prima facie case for arrest of the 1st defendant vessel is made out. In the present case the case of the plaintiffs is that the wages of the master and the crew of the 1st defendant vessel are due. It would, therefore, clearly be not only a maritime claim under Section 4(1)(o) of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 but also be a maritime lien as contemplated under Section 9 thereof.

(3.) In these circumstances, the Judge's Order for arrest of the frst defendant is signed separately. I have also seen the Caveat register and there is no Caveat against arrest of the 1st defendant vessel, as per the endorsement made today at 10.55 a.m. by the Offcer of the Execution Department, Prothonotary and Senior Master, High Court (Original Side) Bombay.