MV Linda 1[disputed]
IMO9275713
| Abandonment ID: | 00499 |
| Ship name: | MV Linda 1[disputed] |
| Flag: | Togo |
| 7-digit IMO no.: | 9275713 |
| Port of abandonment: | Bhavnagar, India |
| Abandonment date: | 11 December 2020 |
| Notification date: | 18 December 2020 |
| Reporting Member Govt. or Org.: | ITF (ISWAN) |
| No. of Seafarers: | 9 |
| Nationalities: | India |
| Circumstances: | Offshore supply vessel
Unpaid wages since Oct 2020, issues regarding food and fuel. Owner has abandoned the vessel, which is at present arrested due to financial dispute by Hon’ble High court of Gujarat, India |
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| Actions taken: | Other
Crew had sent mail to Togo flag as well as P&I club, on 11 Dec 20.
Seafarers have contacted Indian maritime administration, union, flag state, and P&I club.
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| Repatriation status: | Repatriation pending
All crew are on board.
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| Payment status: | Payment Pending
USD 30,000
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| Comments and Observations: | Govt. of India (1 February 2021)
From Directorate General of Shipping
I am directed to refer to your email dated l30l.2O2l informing this Office about the abandonment
of vessel MV LINDA l.
2. In this regards, it is stated that the vessel was arrested on the orders of Gujarat High Court, India
because of having some commercial dispute between Owners and Ex-Charterers (before purchasing the
vessel).
3. The Master of the vessel had taken up the matter with the High Court of Gujarat through their
Lawyers. The Gujarat High Court has given its direction stating that -- Quote: Having perused the
communications on record and having heard learned counsel for the respective parties, pending the
Admiralty Suit, Phoenix Marine is directed to supply provision, necessaries and fuel on board of
Defendant Vessel, subiect to the condition that Phoenix Marine will be paid on priority basis out of the
sale proceeds of the Defendant Vessel or in case where Arrest Order is vacated by this Court, the agents /
respondent owner / registered owners of Defendant Vessel shall not be permitted to sail offthe Defendant
Vessel without discharging the debt of Phoenix Marine. Unquote.
4. As per the directives of the Hon'ble High Court of Gujarat, India, the Indian registered
Recruitment and Placement of Seafarers (RPS) Company/Agency IWs Loyal Marine Services pvt. Ltd
vide its email dated 24.01.2021 has informed to this Office that all the crew of vessel Linda I has been
signed offfrom vessel onZ2nd January 2021 and subsequently have been sent to their respective home
towns safely.
5. The RPS Company has assured that the crew wages in the matter will also be settled very soon.
6. Further updates in the matter will be communicated to you in due course of time.
Other (12 February 2021)
From IGP&I
The Club checked with their member and were informed that the LINDA I was sold by them in October 2019 and this vessel has been off risk with the Club since October 2019 (last certificate expired in 2019) No MLC financial security certificates have been issued in the last couple of years that would be of assistance in this particular case unfortunately.
Non-governmental Organization (10 June 2021)
From ISWAN
Matter is still in court. Last date of hearing was 15th April but seafarers haven't heard back from lawyer about development on this case.
Non-governmental Organization (21 December 2021)
From ISWAN
Matter is still with court. Seafarers haven't been paid their pending wages. There was bidding during the auction process on 3rd December 2021 but the amount was too less so auction is getting delayed again.
Non-governmental Organization (20 April 2022)
From ISWAN
Online auction was conducted on 12th Jan 2022 and buyer has deposited amount to court on 18th Jan 2022. The next date of hearing is on 25th April.
Non-governmental Organization (4 August 2022)
From ISWAN
Based on updates shared by seafarer on 27th July 2022, vessel has been sold and money has been deposited with court. Crew are still awaiting payment of their pending wages.
Non-governmental Organization (18 October 2022)
From ISWAN
As informed by seafarer dated 17th October 2022, all 9 crew have still outstanding claims. Amount has been deposited in court around 6 months back still none of the seafarers have been paid so far.
Non-governmental Organization (31 March 2023)
From ISWAN
Case is in court, next hearing date is on 5th April 2023.
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