Indian Register Of Shipping v. M.T. Pratibha Tapi And ORS Ravi Kumar Velamala And 3 ORS Applicant

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY SUIT NOTICE OF MOTION NO.1308 OF 2014 IN ADMIRALTY SUIT NO.30 OF 2013 Ravi Kumar Velamala and Ors ...

Applicants and Indian Register of Shipping ...

Plaintiff versus m.t. Pratibha Tapi and Ors.

...

Defendants Ms. S. Priya, for Plaintiff.

Mr. Bharat Kumar M. Jain i/by M/s. Manilal Kher Ambalal and Co., for Defendant No.5.

Mr. Gandhar Raikar, for V.P.T.

Mr. Y. Singh i/by M/s. Auris Legal, for Applicant in NMS 1308 of 2014. Mr. Gandhar Raikar, for Applicant in NMSL 1378 of 2014. Mr. O.A.Das, for Applicant in NMS 1587 of 2013 and 1540 of 2014. Mr. Mahendhar Aitha, Company Pleader, Present. CORAM: S.J. KATHAWALLA, J.

DATE: 21st AUGUST, 2015 P.C.:

1.

The above Notice of Motion is taken out for the following reliefs : (a) that pending the hearing and final disposal of the suit, this Hon'ble Court may be pleased to allow the Applicants to intervene in the matter and be impleaded as party Defendants; (b) that pending the hearing and final disposal of the Suit, the Hon'ble Court be pleased to direct the Prothonotary and Senior Master, Bombay High Court / Sheriff of Mumbai to release the wages of Applicants herein as per the Schedule annexed to the Affidavit-in-Support hereof;

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nms 1308 of 2014 (908).sxw 2.

Since the Company which owns the Defendant No.2 Vessel is admittedly in liquidation and the Official Liquidator is appointed in respect of the assets of the Company, the Applicants who are the crew members, have already filed their claim before the Official Liquidator. The Official Liquidator shall adjudicate the claims of the Applicants within a period of four weeks from the date of this order and submit his Report to this Court seeking necessary directions. The Notice of Motion is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2