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CDJ 2026 Ker HC 875
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| Court : High Court of Kerala |
| Case No : WP(C) No. 17115 of 2026(L) |
| Judges: THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS |
| Parties : Ivanov Alexander Captain Of Vessel Msc Elsa 3, Russian National Holding Passport Bearing No. 1680 195, Russian Federation Marine Drive, Kochi & Others Versus Union Of India Represented By Secretary, Ministry Of Port, Shipping And Waterways, Having His Office At Parivahan Bhavan, 1, Parliament Street, New Delhi |
| Appearing Advocates : For the Petitioners: M/s. Grashious Kuriakose, Senior Advocate Along With M/S. Pranoy K. Kottaram, Amitava Majumdar, Goenka Ruchir Bikas Chandra, Ashutosh Tiwari, Sivaraman P.L, Athul Babu, Sreenand Udayan, Advocates. For the Respondents: R1 to R3, P. Sreekumar, Additional Solicitor General Of India Along With Gowri Menon, Central Government Counsel, R4 To R6, Parvathy Koottolil, Senior Government Pleader. |
| Date of Judgment : 15-06-2026 |
| Head Note :- |
Merchant Shipping Act, 1958 - Section 360 -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Merchant Shipping Act, 1958
- Section 360 of the Merchant Shipping Act, 1958
2. Catch Words:
Not mentioned.
3. Summary:
The learned Senior Counsel informed the court that, following the order dated 09‑06‑2026, petitioners 1 and 3 appeared before the Magistrate under Section 360 of the Merchant Shipping Act, 1958, and the matter was adjourned to 17‑06‑2026 for the appointment of an Assessor. The Additional Solicitor General stated that the list of assessors is ready and will be filed on the next posting date. The Government Pleader confirmed that the final report, after curing defects, has been resubmitted and the Magistrate has taken cognizance, assigning the case number C.C.No.140/2026. Consequently, petitioners 1 to 4, as accused, may approach the Magistrate upon receipt of summons or by filing a petition to advance the case and seek relief. The court directed that the writ petition be listed for further consideration on 30‑06‑2026.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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1. It is submitted by Sri.Grashious Kuriakose, the learned Senior Counsel that pursuant to the order dated 09.06.2026, petitioners 1 and 3 appeared before the learned Magistrate in the proceedings under Section 360 of the Merchant Shipping Act, 1958; and the matter has been posted to 17.06.2026, for appointment of an Assessor.
2. Sri.P.Sreekumar, the learned Additional Solicitor General of India, submitted that the list of assessors is ready and the same will be submitted before the learned Magistrate on the next posting date.
3. Smt.Parvathy Koottolil, the learned Government Pleader, submitted that the final report has been resubmitted after curing the defects, and the learned Magistrate has already taken cognizance and numbered the case as C.C.No.140/2026.
4. Since cognizance has already been taken, petitioners 1 to 4, who are arrayed as accused in the said crime, are at liberty to approach the learned Magistrate either on receipt of summons or by filing petition to advance the case and seek appropriate reliefs.
List this writ petition for further consideration on 30.06.2026.
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