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Judgment
T.R. Ravi, J
The original petition has been filed seeking to set aside Ext.P6 order of the Debt Recovery Tribunal-I, Ernakulam in I.A.No.1426 of 2021 in O.A.No.407 of 2015. The application had been filed by the petitioner for a declaration that the petitioner is entitled to first charge over the vessel for the amounts due from the 2nd respondent and for other reliefs. The Tribunal after referring to Section 10 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 held that the first preference has to be given to maritime liens and second preference has to be given to registered mortgagors and charges of same nature on the vessel and then only other claims can be entertained. On the same day, the Tribunal had also disposed of I.A.No.474 of 2022 in O.A.No.407 of 2015, the order in which has been produced as Ext.P7 in the writ petition. Ext.P7 is an order in an application filed by the 1st respondent in this writ petition wherein the Tribunal had issued directions to the Advocate Commissioner to proceed with the sale of the vessel. Ext.P7 had been challenged before this Court in W.P.(C)No.7897 of 2023. The petitioner herein was the 2nd respondent in the said writ petition. The said writ petition was dismissed by judgment dated 16.03.2023 finding that it is misconceived and leaving open the right of the petitioner therein to challenge the order dated 16.08.2022 issued by this Court in I.A.No.2 of 2022 in Admiralty Suit No.5 of 2022 in appropriate proceedings. This Court had found that the order issued by the Tribunal was only in furtherance of the directions issued by this Court in the above said order dated 16.08.2022.
The petitioner is the plaintiff in Admiralty Suit No.5 of 2020 and the order Ext.P6 is also only an order issued in furtherance of the directions issued by this Court. The petitioner's remedy if at all can only be to challenge the order dated 16.08.2022 issued by this Court in I.A.No.2/2022 in Admiralty Suit 5/2022 in appropriate proceedings and is not to raise a collateral claim before the Debt Recovery Tribunal. No interference is called for on Ext.P6 order and the original petition is dismissed without prejudice to the right of the petitioner to challenge the order dated 16.08.2022 issued by this Court in I.A.No.2/2022 in Admiralty Suit 5/2022 in appropriate proceedings, if so advised and entitled.