Case Note & Summary
The petitioner, Sri. Rajkiran Sadanand Raikar, filed a civil petition under Sections 9 and 26 read with Order 7 Rule 1 of the Code of Civil Procedure, 1908, in the original admiralty jurisdiction of the High Court of Karnataka. The petition sought a direction to the second respondent, M/s. Varun Shipping Co. Ltd., to pay US$96,460 together with future interest at 18% per annum, and for the arrest and sale of the first respondent vessel, M.V. Maharshi Mahatreya, lying at the Port of New Mangalore, until sufficient security was furnished. The petitioner claimed to have served on the ship M.V. Maharshi Bhavatreya between October 2013 and November 2014 and relied on the Supreme Court decision in M V Elisabeth & Ors v. Harwan Investment and Trading Co Ltd (AIR 1993 SC 1014) to assert the court's inherent admiralty jurisdiction under the Colonial Courts of Admiralty (India) Act, 1891. On 20th June 2016, the court had passed an initial order. However, on the date of hearing, both counsels submitted that the parties had arrived at a mutual settlement. Consequently, the court disposed of the civil petition in terms of the settlement, without any order as to costs.
Headnote
A) Admiralty Law - Settlement of Suit - Mutual Settlement - Colonial Courts of Admiralty (India) Act, 1891 - The parties arrived at a mutual settlement in a civil petition filed under Sections 9 and 26 read with Order 7 Rule 1 CPC for recovery of wages and arrest of vessel. The court disposed of the petition in terms of the settlement, recording that the parties had settled the matter. (Paras 1-3)
Issue of Consideration
Whether the court should pass an order in terms of the mutual settlement arrived at between the parties in an admiralty suit for recovery of wages and arrest of vessel.
Final Decision
The civil petition is disposed of in terms of the mutual settlement arrived at between the parties. No order as to costs.
Law Points
- Admiralty jurisdiction
- inherent powers under Colonial Courts of Admiralty (India) Act
- 1891
- settlement of suit
- Sections 9 and 26 CPC
