2 months ago

Vol- 8 issue-08

12 TMWS 16 th - 30 th

12 TMWS 16 th - 30 th April 2018 Admiralty Advisor ...Continued from page 11 - Warrant has to be served in accordance with the procedure laid down in Original Side Rule 946 of Bombay High Court for Service of Writ of Summons or Warrant of Arrest in a suit in rem. Rule 946 (2) states that “Where the property is ship or cargo on board, service shall be effected by affixing the original Writ of Summons or the warrant of arrest for a short time on any mast of the ship or on the outside of any suitable part of the ship’s superstructure, and leaving a duplicate thereof affixed in its place, when removing the original Writ of Summons or the warrant of arrest.” Once the property proceeded against has been arrested, the plaintiff may, at any time after service of the Writ of Summons upon the defendant, apply to the Court by Notice of Motion for an order that the arrested property be sold by the Sheriff and the sale proceeds be paid into the registry to the credit of the suit. Such an Application/Notice of Motion can be made under Rule 948 and the Court may make such Order on the application as it may think fit. If the Judge is satisfied that the Plaintiff’s claim is well founded he may pass a decree and order the Vessel to be sold and sale proceeds be paid in the registry to the credit of the Suit. Within seven days after the date of payment into Court of the Proceeds of sale, the She- -riff shall send for publication in, such newspapers as the court may direct a notice complying with the provisions of sub-rule (3) of Rule 951. After the Sale Order is given, the party who has obtained the decree may apply to the Court by Notice of Motion under Rule 951 for an order after the expiration of the specified period determining the order of priority of the claims against the proceeds of sale of the said property. During the specified period any person having a claim against the property or the proceeds of sale thereof, should apply to the Court for leave to intervene and prove his claim before the Court and obtain a decree. A seafarer or a crew member can invoke admiralty jurisdiction and arrest a ship for unpaid wages. An order of arrest of the ship can be obtained from the court having admiralty jurisdiction and arrest the ship anywhere in Indian territorial waters, the seafarer may or may not be an Indian citizen to initiate action for arrest of a ship in India and also the ship may be registered anywhere in the world or maybe flying any flag. A maritime lien for seafarers’ wages, like any other maritime lien or maritime claims, can be enforced by invoking admiralty jurisdiction and obtaining an order of arrest from a High Court having admiralty jurisdiction. - Anushri Pundir Khare Legal Chambers

16 th - 30 th April 2018 TMWS 13

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