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AS/6/2008 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
ADMIRALITY
SUIT No. 6 of 2008
==========================================
HINDALCO
INDUSTRIES LIMITED - Plaintiff(s)
Versus
MV
- KOMODO - Defendant(s)
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Appearance :
Mr.Mihir
Joshi, Senior Advocate for SINGHI & CO for
Plaintiff(s) : 1,
==========================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 04/09/2008
ORAL
ORDER
Leave
to amend Paragraph No.13 of the plaint by adding the words ?Sby
negligent stowage?? in the fifth line.
Heard
Mr.Mihir Joshi, learned Senior Advocate with Mr.Sandip Singhi,
learned advocate appearing for Singhi & Company for the
plaintiff. The learned Senior Advocate submitted that the order of
arrest of MV ?SKOMODO?? together with her hull, tackle, machinery,
engines, bunkers, paraphernalia and appurtenance is required to be
passed against the claim of the plaintiff in Admiralty Suit No.6 of
2008. After hearing learned counsel for the plaintiff, it appears
that there is a claim of loss and damages of Rs.2,97,21,868/- to the
plaintiff being the amount claimed by the plaintiff from the
defendant Vessel. This Court has gone through the plaint and after
hearing the learned counsel for the plaintiff, it prima facie
appears that the plaintiff is entitled to claim security from the
owners’ of MV ?SKOMODO??, the learned advocate for the plaintiff
accordingly submitted that unless MV ?SKOMODO?? together with her
hull, tackle, machinery, engines, bunkers, paraphernalia and
appurtenance is arrested, the plaintiff would suffer irreparable
loss in the event MV ?SKOMODO?? is permitted to sail away without
furnishing the security, as the plaintiff will have no scope to
realize the amount. Considering the prima facie case established by
the plaintiff, this Court is of the view that the plaintiff will be
put to irreparable loss and injury and therefore, it is necessary to
arrest MV ?SKOMODO?? presently lying in the waters of Port of
Dahej Harbour Infrastructure Limited, Dahej, Gujarat in connection
with the claim raised in Admiralty Suit No.6 of 2008.
This
Court does order that the Registrar of this Court do issue an order
for arrest of MV ?SKOMODO?? together with her hull, tackle,
machinery, engines, bunkers, paraphernalia and appurtenance at
present lying in the waters of Port of Dahej Harbour Infrastructure
Limited, Dahej, Gujarat and that the warrant of arrest be executed
at any time of the day or night or on Sundays or Holidays and this
Court does further order that the Port Officer at Bharuch and the
Superintendent of Customs at Port of Dahej Harbour Infrastructure
Limited, Dahej, Gujarat do effect the arrest of MV ?SKOMODO?? at
Port of Dahej Harbour Infrastructure Limited, Dahej, or such other
place where ever she may be within the territorial waters of India
and this Court does further order that if Defendant Vessel and/or
those interested in her deposit in this Court a sum of
Rs.2,97,21,868/- together with interest @ 15% per annum from the
date of filing of the suit till payment/realization to the
satisfaction of the Registrar of this Court as security towards the
satisfaction of the plaintiff’s claim in the suit, the said warrant
of arrest shall not be executed against the defendant.
The
Port Officer and the Superintendent of Customs, at Bharuch, Gujarat
are directed to arrest the vessel MV ?SKOMODO?? at present lying
at Port of Dahej Harbour Infrastructure Limited, Dahej, Gujarat
within the territorial waters of India and to keep the vessel under
arrest until further orders of this Court. It is further ordered
that the Port Officers and the Superintendent of Customs at Bharuch,
Gujarat shall render all assistance to the plaintiff in effecting
the arrest of warrant on the vessel MV ?SKOMODO??.
It
will be open for the learned Advocate for the plaintiff to
communicate the above order by fax at their own cost and the
authorities are directed to act on fax copy of the order.
The
undertaking of the plaintiff be filed as per Code of Civil
Procedure, 1908. Such undertaking be filed by the plaintiff on or
before 5th September, 2008.
Notice
to the defendants returnable on 15th September, 2008. It
is made clear that, it will be open for the defendants to approach
this Court even prior to the returnable date, by giving 48 hours
advance notice to the plaintiff and/or its Advocates for necessary
modification of this order.
Office
is directed to serve the warrant of arrest on the Master of the
Vessel MV ?SKOMODO?? through her agent and send a copy thereof to
the Port Officer and the Superintendent of Customs, at Bharuch,
Gujarat.
Direct
service is permitted today.
[HARSHA
DEVANI, J.]
parmar*
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