KARPAGA GANAPATHI TEXTILE PROCESS PRIVATE LIMITED Vs. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB
LAWS(MAD)-2018-1-362
HIGH COURT OF MADRAS
Decided on January 03,2018

Karpaga Ganapathi Textile Process Private Limited Appellant
VERSUS
The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, Sub Respondents

JUDGEMENT

R.Subramanian, J. - (1.)All these applications are in the nature of claim petitions made by various Maritime lien holders and claim holders who have the right to enforce their claims by seeking arrest of a ship. The Claimants are Crew members and their legal representatives, ex-crew members, shipping corporation of India, Salvage Company, Port Trust, creditors/ Maritime claim holders, bankers etc,.
(2.)The suit in CS.No.89 of 2013 is filed invoking the admiralty jurisdiction of this Court, seeking a decree and judgment against the defendant viz., Owners and parties interested in the vessel M.T.PRATIBHA CAUVERY for a sum of Rs.3,59,000/-, together with compensation for pain and sufferings. The suit is instituted under Order XLII of the Original Side Rules, which deals with the Admiralty jurisdiction of this Court. The plaintiff in the suit is a crew member, who claims to have been appointed as a Second Cook in the ship in question.
(3.)The ship was caught in the eye of cyclonic storm named "Nilam" around 27.10.2012, and the vessel drifted towards the shore, several crew members had jumped into the sea, the plaintiff, who was among the said crew members was rescued on 01.11.2012 by the Indian Coast Guard. Alleging that the plaintiff has not been paid his salary and that he has suffered mental agony, the plaintiff came forward with the above suit.


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