This was an application for the arrest of the MV Miski at Karachi Port until the plaintiffs' wages were paid. Initially the claim was filed by four Pakistani crew members working on the vessel. But in the intervening period, an application was preferred for impleading the foreign crew. The owner of the vessel, Jubba General Trading Co LLC, did not appear to defend the matter. Sufficient time had elapsed, and the outstanding wages amount was increasing on a daily basis. The plaintiffs were thus directed to lead their evidence by filing affidavits on an ex parte basis.

Held: Application granted. The vessel is to be sold and the proceeds recovered to meet the maritime claims against the vessel. The cutoff date for settling the crew's wages in the present proceedings should be no later than 30 September 2019. The Official Assignee is to scrutinise the up-to-date wages claims of the plaintiffs and to arrange for the repatriation of the foreign crew.

Even though this matter proceeded ex parte, the Court has to apply its mind to the facts of the case and the plaintiffs' claims to determine whether they fall within the parameters of the law. There are three issues:

1. Are the plaintiffs crew members of the vessel?
2. Is their claim genuine and payable by the defendant?
3. What should the decree be?

As to the first point, the plaintiffs produced relevant employment agreements and memoranda of understanding regarding their service contracts. A material document showing the relationship between the plaintiffs and the vessel is the Vessel Crew Log Book, which contains the names of all the plaintiffs as crew members.

As to the second point, certain documents relating to the outstanding wages of plaintiffs were signed and stamped by the master of the vessel, Mr Myo Thet. For the Pakistani crew members, the outstanding wages is USD 55,396; and the total outstanding wages of foreign crew comes to USD 239,233.13 (up to March 2019).

Suit is decreed in the above terms. The learned Official Assignee is authorised to take further steps and measures in this regard, by calling upon any concerned Government functionary or authority to aid and assist in the safe repatriation of those plaintiffs who are foreign crew members from Karachi to their respective countries. Since under the aforementioned service contracts, it is the obligation of the shipowner to bear expenses for repatriation and free passage to the respective countries, all such expenses will be deducted from the sale proceeds of the vessel.