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AS/21/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
ADMIRALITY
SUIT No. 21 of 2009
=========================================================
GULF
AND CONTINENTAL BUNKER FUELS CO LTD BVI - Plaintiff(s)
Versus
M
V ST PETER (FORMERLY NAMED ST LUKE) - Defendant(s)
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Appearance :
MS
PAURAMI B SHETH for
Plaintiff(s) : 1,
NOTICE SERVED BY DS for Defendant(s) : 1,
MR
ASHWIN SHANKAR WITH MR DHAVAL M BAROT for Defendant(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.A.MEHTA
Date
: 15/01/2010
ORAL
ORDER
1. This
suit has been presented by the plaintiff seeking arrest of defendant
Vessel i.e. M.V. ST. PETER in the following circumstances.
2. The
case of the plaintiff is that it is a Company incorporated under the
laws of British Virgin Islands and during the course of its business
as supplier of marine fuel, lubricants, etc. to ocean going vessels
it has supplied and delivered various fuels, more particularly
described in Paragraph No.3 of the plaint to the owners of
defendant-vessel, on the basis of orders placed by owners and / or
Managers of the defendant vessel. Thus, according to the plaintiff,
the plaintiff is entitled to recover a sum of US $ 301643.01 (US $
2,33,265.99 principal + interest) with interest at the rate of 18 %
p.a. from the respective due date of invoice dated 03.08.2009 till
the date of realization; that owners and/or Managers of the defendant
vessel having failed to pay the said sum or any part thereof the
plaintiff is seeking arrest of defendant-vessel on the basis that the
plaintiff has a maritime claim and / or maritime lien.
3. Heard
Ms.Paurami Sheth, learned advocate appearing on behalf of the
plaintiff who has submitted that in the aforesaid facts and
circumstances, more particularly, mentioned in the plaint and the
supporting affidavit, an order of arrest is required to be made qua
defendant vessel which is in the port and harbour of Kandla i.e.
Kandla Anchorage, and hence, within the territorial jurisdiction of
this Court.
4. Having
heard the learned Counsel it is hereby ordered that defendant M.V.
ST. PETER flying the flag of Liberia together with her hull,
engines, gears, tackle, machinery, bunkers, apparel, plants,
furniture, fixtures, equipment and all other appurtenances be
arrested by a Warrant of Arrest subject to the plaintiff furnishing
the usual undertaking accompanied by a deposit of Rs.5,00,000/-
(Rupees Five Lacs). The amount of deposit is directed to be made
before the Registry of this Court on or before 22/01/2010, failing
which the order of arrest is liable to be vacated.
5. Notice
returnable on 27/01/2010. Learned Advocate appearing on caveat for
defendant vessel waives service for defendant vessel and / or
owners.
6. The
Port Officer Kandla and the Customs Authority be informed
accordingly. Direct Service today by FAX at the cost of the
plaintiff is permitted.
(D.A.
Mehta, J.)
sompura
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