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.
