Hind defeats DGS in Bombay High Court win
In an embarrassing defeat, the Directorate General of Shipping (DGS) has been ordered to release three barges impounded from Mumbai-based vessel provider Hind Offshore.
On March 27 (2024), a Bombay High Court two-justice bench delivered an interim order directing the DGS to release Sea Patriot, Sea Stallion and Sea Jaguar. Justices Firdosh Pooniwalla and GS Kulkarni said their interim order remains in force until the case is decided.
On May 8 (2023), May 22 (2023) and June 3 (2023), the DGS seized Hind's barges on contract to ONGC, arguing they did not meet its stringent safety equipment criteria, which came into force after the Cyclone Tauktae tragedy offshore Mumbai in May 2021 killed 86 seamen when their vessels capsized. Hind's lawyers stressed the DGS order does not apply to Hind's barges because the DGS guidelines fall under the Merchant Shipping Act, 1958.
By contrast, Hind's barges are registered under the Coasting Vessels Act, 1838. Hind's lawyers added that these three non-self-propelled boats are used as accommodation vessels under contracts with ONGC.
While the Merchant Shipping Act came into force on October 30 (1958), the Coasting Vessels Act continued except for "sea-going ships fitted with mechanical means of propulsion and sailing vessels." Hind, therefore, argued that its barges are covered under the 1838 law.
Hind's lawyers argued that the Merchant Shipping Act applies only to vessels registered in India. Hind's barges are "not registered at any port in India," and the DGS had no jurisdiction, argued Hind's lawyers.
Because of the DGS move, Hind was prevented from executing ONGC contracts off Mumbai. "Also, the crew cannot be given work, and a huge liability is incurred because of the (DGS) orders," argued Hind's lawyers.
"Apart from this, the vessels are rendered of no utility." Responding to Hind's petition, DGS lawyers admitted no "explicit provisions" giving powers to the DGS under the Merchant Shipping Act or the Coasting Vessels Act but said it must fulfil India's obligations under international treaties covering the safety of ships and life at sea and the prevention of marine pollution.