Ocean Explorer

19 seafarers abandoned on the Ocean Explorer (IMO 9303637, flag Panama) in Mumbai, India, 23 January 2022. ILO case 632, status: Disputed.

Status
Disputed
Abandonment ID
632
IMO Number
9303637
Flag
Panama
Port of Abandonment
Mumbai, India
Abandonment Date
23 January 2022
Notification Date
6 March 2022
Seafarers
19
Reporting Org.
International Transport Workers' Federation

Circumstances

Between 4-5 months owed wages. Vessel is in blackout condition since 4th February 2022 which means that no food is being cooked onboard. The hygiene in general is extremely bad and no medical assistance provided by the ships managers.

Updates

31 July 2026: Other
(From the shipping company)

With reference to your email, we understand that further evidence is required to confirm that all crew wages and related liabilities have been fully settled.
Please find attached the Bill of Sale issued by the Indian Court of competent jurisdiction under which we purchased the vessel through the court auction process. The document specifically lists the names of all 19 crew members who were on board the vessel at the time of the auction, along with details of their legal representative. The court-approved sale confirms that the vessel was sold free and clear of all claims, encumbrances, and liabilities. Had there been any outstanding crew wage claims or other liabilities, the court would not have proceeded with the auction and transfer of ownership.

We fully understand your concern that all crew members should have received their wages. However, it is important to note that the vessel was purchased through an Indian Court auction, which itself confirms that all outstanding claims and dues had been addressed prior to the sale. In addition, the previous Flag Administration issued the vessel's Deletion Certificate, which would not have been granted had there been any pending liabilities against the vessel, including crew wages or any other outstanding dues.

For your ease of reference, the relevant sections of the attached Bill of Sale highlighting the names of the crew members and confirming that the vessel was sold free of all claims have been marked.
Furthermore, we have no relationship whatsoever with the previous owners or the previous crew, nor do we have any means of contacting them. As you have also mentioned, you are not in contact with them either, and there has been no further communication from their side.

In view of the above, we kindly request you to consider the enclosed evidence and resolve this matter at the earliest. As the present owners, we are not connected with this claim, and the continuation of this issue is unnecessarily hampering the commercial operations of the vessel.
We would appreciate your prompt assistance in closing this matter.

30 July 2026: International Transport Workers' Federation
We do not consider that sufficient evidence has been presented for the case to be considered resolved. The evidence relates to the transfer of ownership rather than confirming that wages were paid.

If the court documents showing that the crew received their wages can be provided, and the lawyer representing the crew can confirm this, then we would be happy to confirm the case is resolved.

From the ITF perspective, the case is already closed as the crew have stopped responding to us. At the time we had evidence the crew had been repatriated but not paid, hence the case is "disputed".

27 July 2026: International Labour Organization
Thank you for your message and for the information provided regarding the vessel MV SHIVANSH (formerly OCEAN EXPLORER, IMO No. 9303637).

Please note that the abandonment case concerning OCEAN EXPLORER (IMO No. 9303637) was reported by the International Transport Workers’ Federation (ITF) on 6 March 2022 and has been recorded in the ILO/IMO Joint Database on Abandonment of Seafarers. The current status of the case in the database remains listed as "Disputed."

In accordance with the Guidelines on how to deal with seafarer abandonment cases, a case is considered resolved if, and only if, the ILO has received clear advice from the Member State or organization having originally provided the information that:

(i) all seafarers who have expressed the desire to be repatriated have been successfully repatriated; and
(ii) the totality of all outstanding remuneration and contractual entitlements has been paid and duly received by all seafarers.

In this regard, confirmation from the original reporting organization, namely the ITF, is required before any change to the status of this case can be made in the database.

@ITF (Abandonment Team): I therefore kindly invite the ITF to review the current owner's request and the supporting documentation provided, and to advise the ILO accordingly.

Thank you for your cooperation.

27 July 2026: Other
(From the shipping company)

With reference to the vessel Ocean Explorer, formerly registered under the Republic of Panama, it has come to our attention that a dispute has been raised regarding the alleged non-payment of crew wages under the ILO Maritime Labour Convention (MLC).

In this regard, we, the present owners of the vessel, hereby clarify that the vessel was purchased through a court-approved auction conducted under the jurisdiction of the Indian Court of Law. Following the successful auction, the vessel was renamed MV Shivansh and registered under the Indian Flag. Since its acquisition, the vessel has been operating solely within Indian coastal waters, primarily at the Port of Mumbai.

It is pertinent to note that the vessel was sold through a judicial auction, and all liabilities and dues pertaining to the vessel had already been addressed in accordance with the court proceedings prior to the completion of the sale. Consequently, the vessel was lawfully transferred to the new owners free from previous encumbrances.

Further, we are also in possession of the Deletion Certificate issued by the Republic of Panama, which confirms the deletion of the vessel from the Panamanian Registry. The issuance of this certificate signifies that all matters and obligations concerning the vessel under the previous registry had been duly settled, thereby enabling the vessel to be registered under the Indian Flag.

In view of the above facts, we respectfully request your good office to kindly review the matter and resolve the outstanding dispute at the earliest. The continuation of this issue is adversely affecting the vessel's operations and causing unnecessary operational and commercial difficulties.

We trust that the above clarification will assist in the prompt resolution of this matter. Should any further documents or information be required, we shall be pleased to provide the same.

Attached;
1. Verification for authenticity of P & I and Financial security certificates
2. Court Order
3. Disputed" on the ILO/IMO database
4. Panama Deletion certificate

16 September 2024: Panama
In response to the labour complaint filed against the vessel “OCEAN EXPLORER”, with IMO number 9303637, you will find the latest communications:

The vessel “OCEAN EXPLORER” was cancelled from our Registry, through the Providence No. 23 of March 29, 2023.

20 March 2024: Panama
In response to the labor complaint filed against the vessel "OCEAN EXPLORER", with IMO No. 9303637, we provide you with the latest
communications:

Aug 22, 2022. Through Email dated Aug 22, 2022, addressed to ITF, we requested to know who is inspector taking care of this casa, as we received the following information
"... The new owners has taken over the vessel.
Six Indian national crew members have left the vessel on 5 Aug 22 with two via train, two via flight and remaining two via private car transportation. The Egyptian Master was repatriated on 15 Aug 22 as his passport has to be renewed prior to his departure, with that all 7 crew have now been repatriated to their country of residence .... "

Aug 24, 2022. Through Email dated Aug 24, 2022, reiterate Email dated Aug 22, 2022, addressed to ITF, requesting information.

Aug 24, 2022. ITF responded the following:
" ... I am trying to confirm with our inspector in Mumbai that the seafarers have received their owed wages, despite the statement from ISWAN that the crew have been paid. I am
sure you appreciate that a third party informing that the claim is settled is not sufficient for us to close it. It you have copies of any remittance advices, then I would be happy you receive them .... "
Sep 23, 2022. Through Email dated Sep 23, 2022, addressed to ITF, following our previous communication, have you been able to obtain a respond from your Inspector in Mumbai, regarding is the seafarers have received their wages?
Oct.. 05, 2022. Kind Reminder of Email dated Sep 23, 2022.
Mar. 22, 2023. Kind Reminder of Email dated Sep 23, and Oct. 10, 2023.
Feb. 02, 2024. Through Email dated Feb. 02, 2024, addressed to ITF, following our previous communication, have you been able to obtain a respond from your Inspector in Mumbai of the current status?

18 October 2022: Non-governmental Organization
From ISWAN
All seafarers have signed off and they have reached their home. Based on our communication with seafarer regarding pending wages of crew, lawyer has informed them verbally that it will take 5 to 6 months time to settle pending wages.

26 August 2022: Panama
Through email dated June 27, 2022, the P&l Correspondent notified that the Honorable Bombay High Court has granted sale of the vessel, the Court had appointed an appraisal to carry out valuation of the vessel, and once the valuation is completed all potential buyers will be boarding the vessel for inspection. Finally, indicated that:
If all goes well smoothly, we can be optimistic that the sale process will be completed by end of Aug and all the current crew can be repatriated at the same time. ... "

25 May 2022: Other
From the captain of the vessel

Request kindly note the following Defects/ operational difficulties onboard presently.
1. A/E No.1 non operational due to lub oil pressure reduced below operating limits. No spare lub oil filters onboard. All 3 A/Es are overdue for maintenance routines.
2. Considering the monsoon rains arrived; tried to start both M/Es for safety, but both MEs were not getting started, even after several attempts made. (Make : Caterpillar Model : 3516 B, 2X 2375 BHP@1600 RPM). There is NO main engine special tools available onboard. Starting batteries capacity are also reduced. Both main engines are due for maintenance routines.
3. The ship’s gyro compass is non-operational. (This was reported on arrival from Dubai in Nov 2021.)
4. Both A/C & Refrigeration cooling pumps are non-operational.( No spares onboard). Presently the system is running with ballast pump emergency cooling. A/C & Refrigeration system running with undercharged refrigerant. Vegetable room solenoid valve malfunctioning. No spare onboard. No refrigerant onboard.
5. Fire & GS pump is non-operational. Making a lot of sound & vibrations. No spares onboard.
6. Both side Sea chest valves are not holding properly. Unable to clean main sea tube strainers.
7. Emergency generator have only one set of starting battery. Stand by set batteries not holding charge.
8. Since the vessel reached at Mumbai on 14 Nov 2021 at anchorage, since then NO spares & stores supplied.
Considering all of the above defects, the vessel is UNSEAWORTHY & UNSAFE for the crew to stay onboard.
We humbly request the Honorable Sheriff of Mumbai port, to please kindly grant necessary orders/ directives to P & I club local representatives, to urgently disembark all the remaining 7 crew members from the vessel urgently and save our lives. SOS SOS SOS

Warm regards,
Master/Chief engineer
Capt. Mohammed AL Husseini/ Ravikumar Kaliveettil
MV Ocean Explorer
1. Capt . Mohammed Al Husseini – Syrian
2. Kanwar Singh Chief Officer- Indian
3. Ravikumar Kaliveettil C/E- Indian
4. Pradeep Kumar K 3/E – Indian
5. Jafartaj Mujawar, oiler – Indian
6. Mukesh Bari , Fitter – Indian
7. Avadhesh , Cook - Indian

9 May 2022: Other
From the captain of the vessel

Kindly note present situation: - 10 crew signed off out of 18 crew members (details attached). Presently 08 crew surviving onboard.
we were promised that the 2nd batch will be singed off directly after the the first batch .
Me, the Master, Capt. Mohmmed AL Husseini still has not get 04-month salary till 31 March 2022, till now. Rest all other crew received 4 month’s salary till 31 March 2022. I asked the P&I correspondent to pay cash onboard but no positive response. till now i don't know what is reason that delays the transaction ?
As informed in previous mail, suffering of crew onboard is continuing. We are all having a lot of mental stress & agony which is affecting very badly on our mental & physical health due to prolonged stay onboard. The family members of the crew are also in heavy stress. Keeping us onboard like this, itself remains a danger to personnel themselves as nobody is in a good state of health.
We, the remaining 8 crew members request you all to do the needful to sign off us urgently & repatriate us; we will be grateful to you.
as we are onboard we don't know nothing about tomorrow , all are unknown for us .
Warm regards,
Master
MV Ocean Explorer
1. Capt . Mohammed Al Husseini – Syrian
2. Kanwar Singh Chief Officer- Indian
3. Ravikumar Kaliveettil C/E- Indian
4. Pradeep Kumar K 3/E – Indian
5. Surya Deshwal AB – Indian
6. Jafartaj Mujawar, oiler – Indian
7. Mukesh Bari , Fitter – Indian
8. Avadhesh , Cook - Indian

20 April 2022: Non-governmental Organization
From ISWAN
All crew have received their wages. 7 crew have signed off on 19th April 2022. Remaining 11 crew will sign off soon.

30 March 2022: Other
From the captain of the vessel

WE, the 18 crew members of MV Ocean Explorer like to bring your kind attention & urgent action on the following difficulties we are facing onboard now.
1. The vessel MV Ocean Explorer is @ Mumbai port @ Z5 anchorage. We are 18 crew onboard, multi nationalities. This vessel is presently under management of Lilly Maritime Pvt Ltd. The vessel is abandoned by the owner/Bareboat charterer/ manager since last 4 months.
2. The vessel is in blackout condition since 04 Feb 2022 as no bunker supplied. The crew salary are not been paid from 28 Nov 2021 to till date for 09 Lilly maritime crew members & from Dec2021 to till date for Marine Core crew members.
3. As the vessel is in blackout condition, the life onboard is dangerous as there is no safety of life, No safety of vessel. The crew onboard having a tough life with out proper food & sanitization. The climate being hot we can’t stay inside or outside of ship. Crew members having skin decease & other health issues.
4. The family members of crew are also suffering from financial crisis as we didn’t get our salary.
5. At the moment Lilly maritime is supplying food for Lunch & dinner. No breakfast items onboard from 09 March 2022.
6. The local P & I club supplied fresh water on 18 Mar 2022 & dry provisions on 19 March 2022. But as there is no bunker supplied till now, We are unable to use the same. The drinking water supplied by P & I is finished now & crew suffering from de hydration too.
7. There is no means of effective communication with any authorities onboard. The charging facilities for mobile phones are also not available for further communication with authorities & families.
Considering all the above situation or conditions, We, 18 multi national crew members of MV Ocean Explorer request your good office to act most urgently to save our lives & our family members; by issuing orders to the concerned to issue essential supply of bunker/ fresh provision/drinking water, our salary & arranging repatriation urgently.
The address & details of various manager/owner/ bare boat charter/P & I club are appended below : -
Manager : 09 crew members employed by Lilly Maritime Pvt Ltd.
LILLY MARITIME PVT. LTD, COMPANY NO. 55046, IMO NO. 3022881, 13/II, TARUN INDUSTRIAL ESTATE, MOGRA LANE, ANDHERI EAST, MUMBAI, INDIA – 400069
TEL NO : +91 – 22-40831800/829, FAX NO: +91 – 22-40831830, EMAIL: lillyindia@vsnl.com, lillyindia@lillymaritime.com,
& (10 crew from marine core multi nationalities)
Marine Core & Charter LLC, Baysquare-01 Unit 1001, Business bay, Dubai, UAE, P.O. Box No. 117241.
Tel no. +971 44538338/ Email. info@marinec2.com
Bareboat charterer: AS MARITIME , SHIP CHARTERERS. CONSULATANTS & BROKERS, DSO-IFZA, DUBAI DIGITAL PARK, DUBAI SILICON OASIS, UAE, TEL NO. +971 52 7832272, Email- mail@asmaritime.com
P&I: MARITIME MUTUAL INSURANCE ASSOCIATION (NZ) LIMITED
LEVEL 6, KITCHENER STREET, AUCKLAND 1010, NEW ZEALAND,
TELEPHONE- +65 6220 9690, FAX.. +65 6323 5176
E MAIL IDS: ENQUIRY@FEPANDI.COM, WEB : WWW.MARITIME-MUTUAL.COM
Local Representative : Capt Manish kini, Mob : 8976824020,
email : pandi3@aeghiscorp.com
Owner as shown in Insurance certificate: ALAM MARITIME(M) SDN.BHD,
Company no. 54400
IMO NO. 1880120
50TH STREET, GLOBAL PLAZA BLDG.
20TH FLOOR, OFFICE E, PANAMA CITY, REPUBLIC OF PANAMA

22 March 2022: Panama
In attention to the labor complaint filed against vessel “OCEAN EXPLORER”, with IMO No. 9303637, please be advised that this complaint was presented in this Department by the Capt. Mohammed Osta Al Husseini - Master, and we have proceeded according the regular procedure, looking to obtain a promptly clarification and solution of the situation denounced.

We have tried to contact the Registered Owner, Operadors and Local Resident Agents, regarding the labour complaint filed, and among the most important communications are:
1. Through Email dated March 10, the PMA sent 1st Communication addressed to Owners, Operator and/ or Local Resident Agent, communicating the labour complaint filed against the vessel, and requesting the measures taken to correct such deficiencies.
2. Through Email dated March 10, 2022, the Director of Lilly Maritime Pvt Ltd. – Operadors forward our communication, indicating the following:
“…
Please find the mail from the Flagstate.
You have confirmed the Diesel Supply will be made by 9th March Wednesday. As of now no Bunkers gone.
The Crew engaged while she arrives have not been paid wages. Also, our Crew joined at Mumbai are also awaiting salary and the want sign off with full wages paid onboard.
Please reply to the Flag state.
…”
3. Through Email dated March 18, 2022, we requested the activation of the Financial Security with P&I Maritime Mutual Insurance Association (NZ) Limited, duly based in the communication received from Master.
4. Through Email dated March 21, 2022, the correspondents of Maritime Mutual Insurance Association (NZ) Limited responded the following:
“…
On the 4th of March 2022, a P&I surveyor was sent onboard to check on the status of the crew living condition, outstanding salary, repatriation details and their communication with the Member. In view deteriorating living condition and the inaction of the Member, the Club has stepped in and paid for fresh water and provision on 19th March 2022 as Owners have failed to deliver despite repeated promises to do so. Please see the attached proof of delivery. The Club has also paid for bunkers and asked its correspondent to arrange for supply of bunker.

As for the outstanding salaries and the crew repatriation, the Club is presently working with Owners to resolve the outstanding payment and disembark those crew members who wish to do so.
…”

ILO record · Map of all abandonment cases