Coll 28/95 ‘Persia. Relations with H.M.G. Private claims against H.M.G.: case of the S.S. “Kara Deniz”.’ [‎211r] (421/691)

In the High Court of Judicature at Bombay
ADMIRALTY AND VICE-ADMIRALTY JURISDICTION.
Case No. 3 of 1914.
In Prize.
S.S. “ KARADENIZ.”
5
Mourad Bey
Writ issued.
Petition.
... Master.
Socrates Atychides, the claimant, says as follows :—
1. That he is the owner of the abovenamed ship. That he resides
10 at Taj Mahal Hotel, Apollo JBunder, Bombay, and is a subject of His Imperial
Majesty the Shah of Persia.
2. On the 15th August 1914 the claimant purchased the said ship “ Kara-
deniz ” from the Seir Safani & Co. at Constantinople, and the said company,
which is a Turkish Co., assigned the said ship to the claimant. The purchase
15 was completed the same day according to the law of the land at Constanti
nople and the document evidencing the sale was filed by the claimant with
the Consul General for Persia who on the same day issued his certificate
evidencing the said sale. A copy translation of the said certificate is hereto
annexed and marked with the letter “A.”
20 3. Prior to such assignment, the above ship was named the “ Karadeniz,”
and immediately thereafter the claimant changed the name of the said ship
to that of “ Hamadan.”
4. News about the sale of the said ship was conveyed by wire by the vendors
to their agent at Hodaida where the above ship was believed to be at the date
25 of the sale, and the agent of the Seir Safani Co. in his turn communicated
the fact of the sale with the captain by a telegram dated the 21st August 1914.
On the same day the Persian Consul General at Constantinople communi
cated by wire the fact of the sale to the Persian Consul at Hodaida. At
the date of the sale the above ship was on the high seas between Hodaida and
30 Bombay. She was carrying no cargo but had on board some passengers who
disembarked in Bombay.
5. The above ship was not permitted to leave Bombay in the months of
September and October 1914. The claimant having received information of
this from the Commander Mourad Bey approached the Consul General on the
35 subject who in his turn communicated with the Ambassador of His Britannic
Majesty at Constantinople and forwarded the original bill of sale to the
Embassy proving the fact of such sale. The original bill of sale was up to the
time of the outbreak of war between His Britannic Majesty and the Sultan of
Turkey in the archives of His Britannic Majesty’s Embassy at Constantinople,
40 as will be seen from a copy office translation of a letter addressed by the
Secretary to His Britannic Majesty’s Embassy at Constantinople to the
Persian Consul General dated 31st October 1914 annexed and marked with the
letter “ B.”
6 . In November 1914 war broke out between the Governments of His
45 Britannic Majesty and Turkey, and on the 13th November 1914 the above ship
was compulsorily lying in the port of Bombay, was seized and captured as a
prize of war. The Persian Flag was removed and the Union Jack hoisted
instead.