Zubair Aslam Jerry vs Sale Proceeds of M T Aeon — Bombay HC (2025) — LawSathi Research

Zubair Aslam Jerry vs Sale Proceeds of M T Aeon — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No final adjudication; directions issued. (i) Plaintiffs in COMAS-55-2022 granted time to take out an appropriate application for payment out; suit listed 7 March 2025. (ii) Commercial Admiralty Suit No. 11 of 2023 listed 7 March 2025. (iii) Interim Applications (L) Nos. 9032 and 18486 of 2024 and (L) No. 13949 of 2023 in COMAS-11-2023 listed 21 March 2025. (iv) Commercial Admiralty Suit No. 9 of 2024 with connected Interim Applications listed 7 March 2025. (v) Mr. Seervai's submissions for the Plaintiff in COMAS-2-2023 on priorities to commence 21 March 2025 at 3.15 p.m., part-heard.

Issue for consideration

Ranking/priority of maritime claims against the sale proceeds of M T Aeon, including whether unpaid/crew wages rank first in priority under Section 10 read with Section 9 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017. +1 more

Court's answer

The Court recorded that the learned Senior Counsel/Counsel are ad-idem that the unpaid/crew wages be ranked as first in priority in accordance with Section 10 read with Section 9 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017; the remaining questions of priority were left part-heard for further submissions.

Detailed headnote1 paragraphs

Interim directions in a batch of Bombay High Court (Commercial Division, Admiralty and Vice Admiralty Jurisdiction) suits concerning the sale proceeds of M T Aeon, lead matter being Commercial Admiralty Suit No. 55 of 2022, Zubair Aslam Jerry v. Sale Proceeds of M T Aeon (Abhay Ahuya J.; order dated 7 February 2025). The Court recorded that all learned Senior Counsel/Counsel were ad-idem that the unpaid/crew wages be ranked first in priority in accordance with Section 10 read with Section 9 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, and allowed the Plaintiffs time to take out an appropriate application for payment out. The question of relative priorities between the claim of the Plaintiff in Commercial Admiralty Suit No. 2 of 2023 and the claim of the Plaintiff in Commercial Admiralty Suit No. 41 of 2022 remained unresolved: Mr. Pratap (for Respondent No.2) had concluded his arguments, and Mr. Seervai's submissions were to commence on 21 March 2025 at 3.15 p.m., part-heard. Various suits and interim applications were listed for 7 March 2025 and 21 March 2025.

18-COMAS-55-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by KANCHAN KANCHAN PRASHANT PRASHANT DHURI DHURI Date: 2025.02.10 19:37:10 +0530

ADMIRALTY AND VICE ADMIRALTY JURISDICTION

IN ITS COMMERCIAL DIVISION

COMMERCIAL ADMIRALTY SUIT NO. 55 OF 2022

Zubair Aslam Jerry and others … Plaintiffs

Versus

Sale Proceeds of M T Aeon … Defendant

WITH

INTERIM APPLICATION NO. 360 OF 2025 INTERIM APPLICATION NO. 164 OF 2023

IN

COMMERCIAL ADMIRALTY SUIT NO. 55 OF 2022

WITH

INTERIM APPLICATION (L) NO. 9032 OF 2024 INTERIM APPLICATION (L) NO. 18486 OF 2024 INTERIM APPLICATION (L) NO. 13949 OF 2023 IN

COMMERCIAL ADMIRALTY SUIT NO. 11 OF 2023 WITH

COMMERCIAL ADMIRALTY SUIT NO. 11 OF 2023

WITH

COMMERCIAL ADMIRALTY SUIT NO. 9 OF 2024

WITH

COMMERCIAL ADMIRALTY SUIT NO. 32 OF 2022

WITH

INTERIM APPLICATION NO. 754 OF 2024

IN

COMMERCIAL ADMIRALTY SUIT NO. 32 OF 2022

Kanchan Dhuri 1/5

18-COMAS-55-2022.doc

WITH

COMMERCIAL ADMIRALTY SUIT NO. 41 OF 2022

WITH

COMMERCIAL ADMIRALTY SUIT NO. 35 OF 2022

WITH

INTERIM APPLICATION (L) NO. 2306 OF 2023 IN COMMERCIAL ADMIRALTY SUIT NO. 35 OF 2022

WITH

COMMERCIAL ADMIRALTY SUIT NO. 46 OF 2022

WITH

COMMERCIAL ADMIRALTY SUIT NO. 2 OF 2023

Mr. Abhishek Khare alongwith Mr. R.P. Shirole instructed by Khare Legal Chambers, Advocate for the Plaintiffs in COMAS-55-2022 and for the Applicant in IA-360-2025.

Mr. Prashant Pratap, Senior Advocate alongwith Mr. Rishabh Saxena, Ms. Jyotika Jain, Mr. Shubham Agrahari and Mr. Raghvendra Desai instructed by Bose & Mitra & Co., Advocate for the Caveator/Plaintiff in COMAS-41-2022 and Applicant in IA-4907-2022 in COMAS-41-2022 and for the Respondent No.2 in IA-360-2025.

Ms. Krushi N. Barfiwala alongwith Ms. Rima Desai, Mr. Shlok Bodas and Mr. Divyanshu Gupta instructed by Parinam Law Associates, Advocate for the Applicant/Plaintiff in IAL-13949-2023 in COMAS-92024.

Mr. Navroz Seervai, Senior Advocate alongwith Ms. Neha Bhosale and Ms. Disha Parekh instructed by NDB Law, Advocate for the Plaintiff in COMAS-2-2023.

Kanchan Dhuri 2/5

18-COMAS-55-2022.doc

Mr. Siddharth Manek alongwith Ms. Charmi Shah instructed by Crawford Bayley & Co., Advocate for the Plaintiff in COMAS-35-2022. Ms. Isha Sawant, Advocate for the Plaintiff in COMAS-32-2022 and for the Applicants in IA-4649-2022, IA-754-2023 and IA-4651-2022. Mr. Yashwant Singh instructed by Mr. Utsav Dalal, Advocate for the Plaintiff in COMAS-11-2023 and for the Applicant in IAL-18486-2024.

CORAM : ABHAY AHUJA, J. DATE : 7 FEBRUARY 2025

P.C. :

Interim Application No. 360 of 2025 :

Pursuant to the earlier orders of this Court, today when the matter is called out, at the outset, it is to be recorded that as far as the priorities mentioned in the chart tendered by Mr. Pratap, learned Senior Counsel on 31^st January 2025 are concerned, the learned Senior Counsel/Counsel are ad-idem that the unpaid/crew wages be ranked as first in priority in accordance with Section 10 read with Section 9 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017.

However, as regards the priorities with respect to the claim of the Plaintiff in Suit No.2 of 2023 and the claim of the Plaintiff in Suit No.41 of 2022 is concerned, Mr. Pratap, learned Senior Counsel, has concluded his arguments on behalf of the Respondent No.2. For Mr. Seervai, learned Senior Counsel, to commence his submissions on behalf of the Plaintiff in Commercial Admiralty Suit No.2 of 2023 with respect to the said priorities, list on 21^st March 2025 at 3.15 p.m. , as part-heard.

Kanchan Dhuri 3/5

18-COMAS-55-2022.doc

Commercial Admiralty Suit No.55 of 2022 :

Mr. Khare, learned Counsel, appears for the Plaintiffs in the said Suit and submits that since the learned Senior Counsel/Counsel have no objection to the first ranking of priorities with respect to the unpaid/crew wages, some time be granted to take out an appropriate application for payment out.

List on 7^th March 2025. Let appropriate application be taken out by the Plaintiff.

Commercial Admiralty Suit No.11 of 2023 :

Mr. Singh, learned Counsel, appearing for the Plaintiff in the Suit also submits that since the learned Senior Counsel/Counsel have no objection to the first ranking of priorities with respect to the crew wages submitted by Mr. Pratap, this Court may list the said Suit any time soon.

List on 7^th March 2025 .

Interim Application (L) No.9032 of 2024, Interim Application (L) No.18486 of 2024 and Interim Application (L) No.13949 of 2023 in Commercial Admiralty Suit No.11 of 2023 :

List the Interim Applications on 21^st March 2025 .

Kanchan Dhuri 4/5

18-COMAS-55-2022.doc

Commercial Admiralty Suit No.9 of 2024 :

List the Commercial Admiralty Suit No.9 of 2024 alongwith connected Interim Applications on 7^th March 2025 .

(ABHAY AHUJA, J.)

Kanchan Dhuri 5/5