IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 WP(C).No. 33493 of 2008(K) -------------------------- PETITIONER(S): --------------- 1. 'MT SUI JIU 201', A MOTOR TUG FLYING THE FLAG OF CHINA AND REGD. AT THE PORT OF GUANGZHOU, GUANGZHOU, CHINA REP. BY ITS AGENTS, JAMES MACKHINTOSH & CO.PVT.LTD., DARRAGH SMAIL CENTRE, 2ND FLOOR, 5TH CROSS RD.,W/ISLAND,COCHIN-682003 REP.BY ITS BRANCH MANAGER MR.ROBERT WILLIAM. 2. ZHONG REN 1601', A SEMI SUBMERSIBLE DECK BARGE FLYING THE FLAG OF LIBERIA AND REG.AT THE PORT OF MONROVIA, GUANGZHOU, CHINA REP. BY ITS AGENTS, JAMES MACKHINTOSH & CO.PVT.LTD., DARRAGH SMAIL CENTRE, 2ND FLOOR, 5TH CROSS RD.,W/ISLAND, COCHIN-682003,REP.BY ITS BRANCH MANAGER -DO-. 3. M/S.GUANGZHOU SALVAGE, OWNERS OF THE VESSELS 'MT SUI JIU 201' 'ZHONG REN 1601',536 BINJIANG ROAD EAST, GUANGZHOU, CHINA-PEOPLES REPUBLIC OF CHINA, REP.BY ITS AGENTS, 2ND FLOOR, 5TH CROSS RD.,W/ISLAND, COCHIN-682003, REP. BY ITS BRANCH MANAGER -DO-. 4. JAMES MACKINTOSH & CO. PVT. LTD., DARRAGH SMAIL CENTRE, 2ND FLOOR, 5TH CROSS RD., W/ISLAND, COCHIN-682003, REP. BY ITS BRANCH MANAGER MR.ROBERT WILLIAM, AGED 64 YEARS, S/O.N.D.CHACKO. BY ADV. SRI.V.J.MATHEW RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY (SHIPPING), NEW DELHI. 2. MERCANTILE MARINE DEPARTMENT, HEADLAND SADA, GOA-403804. 3. THE COMMANDANT, COAST GUARD, COCHIN 682 001. 4. SUB INSPECTOR OF POLICE, THALASSERY POLICE STATION, KERALA. 5. STATE OF KERALA, REPRESENTED BY ITS DIRECTOR OF PORTS, TRIVANDRUM. 6. SUPERINTENDENT OF CUSTOMS, VIZHINJAM PORT, TRIVANDRUM. ADV. SRI.ABRAHAM THOMAS, CGC FOR R1-3&6 SHRI.P.RARAMESWARAN NAIR, ACG. ADV.JAWAHAR JOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2009, A/W. SPJC. NOS.5 & 6 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 33493/2008. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE REPORT BY R3. P2. COPY OF THE FIR IN CRIME NO.772/08 BY R2. P3. COPY OF THE LOGBOOK BY P1. P4. COPY OF THE NAVIGIONAL MAP OF P1. P5. COPY OF THE G.P.S. LOG MAINTAINED BY P1. P6. COPY OF THE LETTER DTD.10.11.08 BY R2 TO R4. P7. COPY OF THE LETTER DTD.7.11.98 BY THE DIRECTORATE GENERAL OF SHIPPING TO THE MARITIME SAFETY ADMINISTRATION OF THE PEOPLE'S REPUBLIC OF CHINA. P8. COPY OF THE LETTER DTD.12.11.08 -DO- P9. COPY OF THE LETTER DTD.13.11.08 BY CAPT.S.K.SINGAL. TO P4. P10. COPY OF THE LETTER DTD.18.11.08 TO R4. P11. COPY OF THE LETTER DTD.19.11.08 BY P4 TO MERCANTILE MARINE DEPT. KOCHI., P.12. COPY OF THE 1ST PETITIONER'S VOYAGE RECORDS. P13. COPY OF THE NAVIGIONAL MAPS OF THE PETITIONER. P14. COPY OF THE NOON REPORTS TRANSMITTED BY P1 TO P3. P15. COPY OF THE UNDERTAKING DTD.24.12.08 BY P1 TO P3. P16. COPY OF THE UNDERTAKING DTD.24.12.08 MADE BY THE MASTER OF P1. P17. COPY OF THE UNDERTAKING DTD.24.12.08 MADE BY MASTER OF P2. P18. COPY OF THE LETTER DTD.23.12.08 BY THE SUPDT. OF CENTRAL EXCISE AND CUSTOMS. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.33493/2008 and SPJC.Nos.5 & 6 of 2008 ================== Dated this the 18th day of February, 2009 J U D G M E N T W.P.(C).No.33493/2008 was filed by the owners and agent of vessel, “MT SUI JIU 201” seeking release of the vessel which has ben detained by the Mercantile Marine Department on the complaint of the petitioners in SPJC. Nos.5 and 6 that damages are due from the owners of the vessel to them. As a condition for release of the vessel, this Court had directed the petitioners in W.P.(C).No.33493/2008 to furnish a bank guarantee for Rs.1,05,00,000/- as amount that may be due to the petitioners in SPJC.Nos.5 and 6 of 2008 as probable damages. Now it is submitted that the three of petitioners in S.P.J.Nos.5 and 6 of 2008 have filed suits claiming damages, as O.P.Nos.1, 2 and 3 of 2009 seeking leave to file the suits against the petitioners in W.P.(C).No.33493/2008, as indigent persons. In the above circumstances, the writ petition and special jurisdiction cases are disposed of directing the petitioners in W.P.(C).No.33493/2008 to keep the bank guarantee alive till the suits for damages filed by the petitioners in Special jurisdiction Case Nos.5 and 6 of 2008 are finally disposed of. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2