Arrest of ship at Kattupalli ordered

Justice CV Karthikeyan, on holding that the documents submitted by the seaman clearly reveals a prima facie case to seek the reliefs sought, said, “There will be an order of arrest of the vessel MV Zim Xiamen, in the condition it is, together with her engines, gears, tackles, apparels, plant, machinery, furniture, and fittings and paraphernalia, presently lying in the Indian waters at the port of Kattupalli, Chennai, till February 7, 2018.” 

As per the case, Kumar Alangaram Fernando (Plaintiff) was on board the vessel MV Woodgate, which was yet another ship owned by the same group. When the said vessel was in Japanese waters, she was permitted to be drifted. 

At that point of time, the Captain of the ship found that some fishing nets got struck in the rudder/propeller and other parts at the bottom of the vessel. 

Fernando, as a dutiful servant was called upon to remove the fishing nets. Since, this had to be done manually he was lowered on a rope and balance on a plank on the water. He then with the help of a knife physically cut the fishing nets on the rough sea. 

Though he managed to succeed in his mission, he had suffered severe damage to his lower back. Medical records reveal that as on date, Fernando requires replacement of both his hips, He is permanently disabled. He requires medical attention. But that has been denied to him by the owners in which he was employed. He sent representations, but to no avail. However, to his fortune, he had received information that another vessel belonging to the same owners, was berthed in Chennai, he moved the court seeking for its arrest. 

The petitioner’s counsel S Vasudevan contended that Fernando had been rudely cast away by the owners of the ship. He insisted that unless restrain orders are passed against the berthed vessel, it would be very difficult to recover the amount due to the plaintiff.