Rains put abandoned ship at risk of capsizing; HC steps in over crew safety
MUMBAI, July 6 -- An abandoned merchant vessel anchored about a nautical mile off the city's coast may become a maritime hazard, with the Bombay High Court being told that the ship could drift, capsize or sink amid heavy rain and rough seas, endangering the two crew members still stationed onboard.
The concern relates to the Zanzibar-flagged MV Sencer 1, which has remained anchored at the Mumbai harbour since June 2025 after being abandoned following a legal dispute. On Friday, the National Union of Seafarers India (NUSI) informed the high court that the deteriorating condition of the vessel had created an emergency situation. The union, an intermediary in the case, sought to be discharged from the proceedings, even as two seafarers continue to man the defunct ship.
Appearing for NUSI, advocate Kunal Gaikwad told the court that "the anchor as well as the vessel have been drifting and considering the onset of monsoon, it is possible that the vessel may capsize and sink, and therefore, an emergency situation has arisen as far as the vessel and the crew are concerned."
On June 2, HT had first reported how seafarers aboard MV Sencer 1 endured nearly ten months of isolation and hardship before finally disembarking on May 11 pursuant to a court order. NUSI had then urged the court to relieve the crew, citing debilitating loneliness and inhospitable living conditions. The court permitted them to return home and appointed a new manning agent to deploy a fresh crew. Maritime experts said the onset of the monsoon has significantly increased the risks, as squally winds and choppy seas can cause an abandoned vessel to wobble, flood, drift or even capsize.
The future of the arrested vessel, currently in the custody of the Sheriff of Mumbai, however, remains uncertain. On June 12, the Directorate General of Shipping (DGS), through advocate Ashish Mehta, urged the court to expedite a third auction of MV Sencer 1 after two unsuccessful attempts earlier. In its affidavit, the DGS said it supported a fresh auction "to prevent further deterioration of the vessel and to facilitate satisfaction of outstanding maritime claims."
The vessel was abandoned in 2025 after a legal dispute with service supplier Akash Deep over unpaid dues. Following its arrest by the Bombay High Court, it was placed under the custody of the Sheriff of Mumbai. After its Indonesian crew was repatriated on June 28, 2025, NUSI assured the court that it would provide a replacement crew at the sheriff's expense.
Maritime law experts said it is standard practice to maintain a minimal crew aboard abandoned vessels to prevent untoward incidents and raise alarm in case of one. MV Sencer 1, anchored off the Mumbai coast, has remained in "cold lay-up", meaning its machinery is non-functional.
On Friday, the Mumbai Port Authority (MPA) informed the court that Akash Deep, the plaintiff in the case, had failed to appear before the court, and urged the court to issue summons to secure his presence. In an order dated July 3, Justice Abhay Ahuja observed that "the matter has reached a rather complex stage" and appointed senior advocate D D Madon as amicus curiae to assist the court.
The court also took serious note of lapses by the High Court registry, observing that although notice had been issued to the plaintiff on April 10, it had not been properly served. Justice Ahuja directed the prothonotary and senior master to "consider training officers dealing with the aspect of service (of notice), so that such blunders are not repeated."
The matter will be heard again on Tuesday, when the high court is expected to pass further orders to ensure the safety and security of both the abandoned vessel and the crew still on board....
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