Law: Admiralty Courts Act, 1861

Section: 4 , 5

Law: Civil Procedure Code (V of 1908)

Section:

ORDER

Sardar Ali Bhola son of Meran Hussain, carrying on business under the name and style of Sohail Brothers, filed action in ram before this Court in the admiralty jurisdiction against m. v. Coos Bay, a foreign vessel flying Panamanian flag and against Messrs Golden Rule Transport Ins., a foreign Company having its office at Seattle, Washington, U. S. A. for recovery of Rs. 1,66,269 on account of necessaries supplied to the ship. Defendant No. 2 who are owners of the vessel had been made a party at first but their name was struck off on an application made by the plaintiff. The master of the vessel Mr. Benzamin Kurvilla, filed a statement admitting the claim of the plaintiff and accordingly the suit was decreed for Rs. 1,66,269.90 with interest at the rate of 10% per annum from the date of the suit till the date of the decree and the plaintiff was allowed the costs of the suit. The ship had been ordered to be arrested or, an application made under Rule 731 of the Sindh Chief Court Rules (O. S.) by order dated 16-4-1978 with the condition that it shall be released as soon as the defendant furnishes security for the amount claimed in the suit. The master of the vessel admitted that no security had been furnished and that be had no objection if the ship is sold for realization of the decretal amount. Accordingly on 4-10-1978 the Court ordered that the Nazir should sell the ship. By order dated 30-10-1979 the sale was confirmed in favour of Messrs Hashmi Ship Breakers Limited for the sum of Rs. 16,85,000 (Rupees sixteen lakh eighty-five thousand. Besides the plaintiff, claims were also filed by the master of the ship, Amanullah Khan, Abdul Jalil and Abdul Muntizar, members of crew, Oceanic Irfan Agencies, B. F. Shipping Works, Sheikh Shipping Agencies, Karachi Steam Navigation and K. P. T. The claims were referred to the Nazir for initial scrutiny and report. The Nazir, submitted his reports on 10-1-1980 and 17-1-1980. Objections to the aforesaid reports were filed by the plaintiff, master of the ship and claimant Karachi Steam Navigation Co. Ltd. Each of the claims is being separately considered after looking into the objections filed.

2.             Before the scrutiny of the claims is finalised it may be stated that the arguments of the learned counsel for the claimants were heard in order to fix the priorities of the claims specially in view of the fact that the master of the ship and members of the crew desired settlement of their claims as soon as possible which in the circumstances of the case was considered reasonable and proper. It was agreed by all the counsel of the claimants that the fee and expenses of the Nazir with regard to the sale of the ship and the costs of the plaintiff, in whose action the ship was arrested, have to be paid in priority of all the claims. The Nazir claimed Rs. 16,860 as fee in accordance with the scale mentioned in Chapter 1, Appendix "C" of the Chief Court Rules which amount was approved for payment by this Court. The costs of the suit decreed and publication charges which have to be included therein amount to Rs. 5409.90 which are ordered to be paid to the plaintiff.