Recently, the Bombay High Court decided that over Rs. 1 crore should be given to Valimohamed Hasher Khakhra from the sale of two ships. The case involves a complicated mix of claims and legal actions related to ships.
Valimohamed Hasher Khakhra, the person asking for the money, wanted Rs. 1,03,07,839.73 from the sale of two ships owned by Jaisu Shipping Company Pvt. Ltd. These ships, M.V. Labitra Kharisma and M.V. Betul SSA, were sold in auctions because of earlier court cases about ships.
Khakhra's request for money started because he supplied fresh water to another ship, M.V. Labitra Carmel, owned by the same company. The money from selling M.V. Labitra Carmel wasn't enough to pay Khakhra because the Mumbai Port Authority had a more important claim.
"The amount of Rs. 25,00,000/- received as sale proceeds was for satisfaction of the claim of the Mumbai Port Authority as the said claim ranked in priority as maritime lien."
Since there wasn't enough money from M.V. Labitra Carmel, Khakhra asked for money from M.V. Labitra Kharisma and M.V. Betul SSA. His lawyer, Mr. Kunal Damle, said that this money should be used to pay the remaining amount.
Judge Abhay Ahuja agreed with Khakhra. The court found that Rs. 3,51,84,100/- was available from selling the two ships, which was more than enough to pay Khakhra.
"This Court... allows the Interim Application in terms of prayer Clause (a)."
The court looked at past cases, like Monte Ulia vs. Banco, to explain using money from other ships owned by the same company. This helps make sure people owed money can get paid even if one ship's sale isn't enough.
The court decided in favor of Valimohamed Hasher Khakhra, allowing him to get the money he was owed from the sale of the ships. This case shows how complicated ship-related law can be and the need for smart legal strategies.
In the words of Judge Abhay Ahuja, the application was "allowed and disposed as above," marking the end of a long legal battle for Khakhra.
