The Hon’ble Bombay High Court gave permission on 02.06.2020 to relocate arrested vessel ‘M.V.Karnika’ to a safer location in view of Cyclone Nisarga approaching to west coastal region. The application was moved in commercial admiralty suit between Monjasa DMCC vs. MV Karnika along with temporary case between Intergr8 Fuels India Pvt. Ltd. Vs. M.V Karnika & Others subject to arrest order dated 17.03.2020. The vessel M. V. Karnika is a 14 decked passenger Cruise Ship and has about 63 crew members aboard, currently lying at Y1/Y/2 Anchorage, Port of Mumbai. The Indian Meteorological Department (IMD) reports dated 01.06.2020 indicates that the path of cyclone as moving across Maharashtra towards Gujarat may impact the arrested vessel and it may suffer damage. In view of weather change and its likely impact the Applicant moved to court to move the vessel to a safer place.
Further, the advocate Ms. Priya (for defendant) on query from the court confirms on instructions that the vessel is stocked with requisite bunker to make the onward journey and come back to port. Hon’ble Justice A.K. Menon considering the facts and consent of both the parities permitted the temporary relocation of the vessel on several conditions. The passport of officers and master of vessel along with the required statutory documents shall be submitted to Dy. Conservator Captain Babatosh Chand till the vessel returns to port after safe passage. The Applicants through their advocates will apply formally for the vessel to leave Mumbai as aforesaid. The owner of the vessel M/s. Jalesh Cruises Mauritius Ltd. will provide undertaking to ensure that the vessel is brought back to port and secure the claims of the Plaintiffs and caveators aforesaid. Further, the Justice instructs that the Port Trust shall ensure that the vessel M.V.Karnika leaves its jurisdiction at the earliest.
In view of the size of the vessel both the parties agreed that the vessel possess serious threat to others in the port. The permission is granted but both parties have to ensure the compliance of the order.
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