Law: Civil Procedure Code (V of 1908)

Section: 73

SALEEM AKHTAR, J.--- The appellant, a mortgagee of the vessel m.v. Asian Queen registered in Singapore, filed Admiralty Suit No.23 " of 1978 on 11-1-1978 in the High Court of Sindh for arrest and sale of the vessel for the satisfaction of the mortgage claim. The vessel was arrested by the High Court, in exercise of its admiralty jurisdiction. Thereafter during April 1978 to September, 1978 several other Admiralty suits and execution applications were filed in the admiralty jurisdiction for admiralty claims for wages, of the crew members of the vessel, wages and disbursement by the Masters of the vessel, for recovery of necessaries supplied to the vessel and charges for repairs of the vessel. In two suit Nos.294 of 1978 and 295 of 1978 filed by the crew compromise decree was passed. The appellant's suit was decreed on 3-10-1978 for Rs.8,80,995.90.'It may be mentioned that in all the suits, except in suit No.374 of 1978 , which were decreed, no interest was allowed by the Court. Under the order of the Court m.v. Asian Queen was sold for Rs.14,74,372.60 which was confirmed on 23-12-1978. The Court also ordered the sale proceeds to be deposited in the Bank which earned interest. In the meantime, the decree-holder in Admiralty Suit No.-374 of 1978 relating to the supply of necessaries filed application under section 73 of Code of civil Procedure objecting to the validity of the appellant's decree and prayed that payment should be made to the decree-holders in accordance with section 73 of C.P.C. As there were several decree-holders in respect of different types of admiralty claims, the High Court first took up the question of priorities amongst the rival claimants. Before deciding priorities, the Court ordered payment of 30% of the decretal amount to the crew. members and Master which was accordingly paid to them. The learned Single Judge by order dated 28-9-1991 after determining the priorities and holding that claim for wages of Crew and Master has priority over the mortgage claim ordered that the interest earned on 70% of the decretal amount of Crew and Master be also paid to them. The appellant aggrieved by this order filed Admiralty Appeal No.2 of 1981 against the order of the learned Single Judge which was dismissed summarily by the impugned order dated 10-11-1981.