FRANCIS SIMON Vs. M.V. SHUBHAPRADA

JUDGEMENT

(1.) The learned Advocate for the Plaintiff states that she has taken a search of the caveat warrant book against arrest and there is no caveat against arrest of the Defendant vessel as on 11:18 Am today. The Advocate for the Plaintiff has also placed the endorsement made by the Sec. Officer of the Execution Department today at 11:18 Am stating that the caveat warrant book against arrest of the Defendant vessel is checked and verified and no caveat has been filed against the Defendant Vessel. The same is taken on record and marked 'X' for identification.

(2.) The Suit has been filed seeking a Judgment and Decree against the Defendants for arrest, detention and sale of the 1 st Defendant Vessel for securing and/or satisfying the Plaintiff's aggregate claim in the sum of Rs.30,56,304.00 together with interest @ 12% p.a. from the date of the filing of the Suit till payment and/or realization as well as for poundage.

(3.) The claim of the Plaintiff arises for compensation under Sec. 4(1)(e) of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017. This has been quantified at Exhibit-H to the Plaint. The claim made by the Plaintiff is on account of the drowning of the vessel MV Varaprada owned/controlled by the 2 nd Defendant. The 1st Defendant vessel being a sister ship under the ownership/control of the 2nd Defendant is liable to be proceeded against for recovery of the amounts due under the maritime claim against the vessel and its owner.