TA No. 41 of 2011 T No. 35 of 2011 A.S. No. of 2011 IN THE HIGH COURT AT CALCUTTA Admiralty Jurisdiction ORIGINAL SIDE PROUD PARENTS INVESTMENTS COMPANY -Versus- OWNERS & ALL PARTIES INTERESTED IN THE BUNKERS ON BOARD THE VESSEL M.V. KEA & ANR. Appearance: Mr. K. Thakkar, Adv. ...For the petitioner. BEFORE: The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI
Date : 1st June, 2011.
VACATION BENCH
The Court : This is an application for an order of arrest of
the bunkers on board the vessel M.V. KEA within the territorial water of
India at Paradeep Port and not to release until the defendants furnish
adequate securities to the plaintiff’s claim. The petitioners have also
prayed for an inventory on the bunkers on board the vessel M.V. KEA and
to file a report.
After hearing the learned Advocate for the petitioner and
after going through the materials, I do not find any prima facie case
for passing an order of arrest, as prayed for, more so, in view of the
arbitration clause in the Charter Party Agreement.
(Dr. SAMBUDDHA CHAKRABARTI, J.)
A/s.