DEPUTY SHERIFF OF MUMBAI 

  • Admiralty Judge forwards order to the Chief Justice as Dy. Sheriff of Mumbai is busy with his own work and not available most of the time

    Ships are ordered to be arrested by the Admiralty Judge on urgent basis on an apprehension that the ship may sail out of Indian waters at any moment and the claimants claim will be frustrated or when the ship is ordered to be released there is an extreme urgency for the vessel to sail. In normal practice the Sheriff of Mumbai office issues the letter for arrest of the ship to all concerned authorities immediately after the order of arrest or release  is passed by the Admiralty judge. Although Admiralty court permits direct service and authorities to act on email and or fax to arrest or release of a ship but in practical sense there is no requirement for the letter from the office of the Sheriff of Mumbai, the port and custom authorities act on fax and or email copy of the order for arrest or release of the vessel.

    Recently it was brought to the notice of the Admiralty court that Dy. Sheriff Mr. S.S. Shinde is not available most of the time and letters issued are delayed or not made available at all, therefore there is a risk of the ship that is ordered to be arrested sailing out before she is actually arrested or the release is delayed leading to huge loss to ship owner or ship interest.

    The Admiralty Judge has noted that the Office of the Sheriff of Mumbai is functioning without the Sheriff since last three years. Mr.Kazi, Deputy Sheriff, retired on 28022013. Thereafter, no Deputy Sheriff is appointed, instead a Joint Secretary cum Solicitor, Law and Judiciary Department, is assigned the additional charge of the Sheriff as well as the Deputy Sheriff.

    He being busy with his own work, is unable to attend to the Court and the matters, more particularly, the matters which the Court decides under its Admiralty Jurisdiction and where the assistance of at least the Deputy Sheriff is regularly required.

    The report submitted before the Court in two admiralty matters before the court were not complete and the third bailiff who attends the court states that the reason for the same is lack of know-how on their part. I am informed that for the last several years a senior staff member of the High Court (Associate Level) is appointed as the Deputy Sheriff in the Office of the Sheriff of Mumbai.

    Since the work is suffering and the Court is required to adjourn matters on several occasions, since the Office of the Sheriff,in the absence of the Sheriff or the Deputy Sheriff is not equipped to take care; a copy of this order shall be forwarded to the Hon'ble the Chief Justice for passing appropriate directions.

     

.

 
..............................................................................................................................................
This Page is contributed and reviewed by our Research Team
 
WLSA,I: 3102-8051
shiparrest.co.in is an initiative by SALK, in association with Shippinglawyers.NET
..............................................................................................................................................
The content of this page nor any part of this page or content from any page or part of the same from this website should not be construed as legal advice, you are therefore requested to verify the same from your source. The information provided in the entire site is of general nature and may not apply to any particular set of facts or circumstances. Browsing shiparrest.co.in would mean that you have accepted our terms and conditions for browsing and the disclaimer.

web analytics