Gujarat High Court Case Information System
Print
AS/8/2010 5/ 8 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
ADMIRALITY
SUIT No. 8 of 2010
=========================================================
TBS
DENIZCILIK VE PETROL URUNLERI DIS TICARET A. S., a - Plaintiff(s)
Versus
M.V
ANTIGONI - Defendant(s)
=========================================================
Appearance
:
MR
MIHIR JOSHI, LD. SENIOR COUNSEL with MR NITIN MEHTA for Plaintiff(s)
: 1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 06/8/2010
ORAL ORDER
The plaintiff through its
constituted attorney, Mohit Advani, has filed this Admiralty Suit
making following prayers :-
(a)
that it be declared that there is presently due, owing and
payable by the defendant to the plaintiff the sum of US$ 245,769.04
with interest of US$ 35,071.53 thereon and further at the rate of
2% per cent per month from date till payment and/or realization
and/or costs of US$ 20,000;
(b)
that the defendant be ordered and decree to pay to the plaintiff
the sum of US$ 245,769.04 main debt and US$ 35,071.53 accrued
interest together with interest thereon at the rate of 2% per month
the date of the suit till payment and/or realization;
(c)
that the defendant vessel together with her hull, tackle,
apparel, plant and machinery be arrested and detained by a warrant
of arrest of this Hon’ble Court;
(d)
that the defendant vessel together with her hull, tackle, apparel,
plant and machinery be condemned in the sum of US$3,00,840.57
together with interest thereon at the rate of 2% fr the date of
this suit till payment and/or realization, costs and poundage;
(e)
that the defendant vessel together with her hull, tackle, apparel,
plant and machinery be sold and the sale proceeds thereof be
appropriated towards the claim in suit and poundage;
The plaintiff has also
prayed for an interim relief seeking an order that the defendant
vessel alongwith engines, machinery, articles and things on board
be arrested for satisfaction of the plaintiff’s claim in suit.
Heard Mr.Mihir Joshi,
learned Senior Advocate appearing with Mr.Nitin Mehta, learned
advocate for the plaintiff and perused the memo of plaint alongwith
documents attached therewith. Before filing present suit the
plaintiff has also filed proceedings before Second Maritime Court of
Panama as well as before the Bombay High Court. It is stated at bar
by Mr.Joshi on instructions that the proceedings before the Second
Maritime Court of Panama have already been withdrawn. He has further
submitted that Admiralty Suit No.2180 of 2010 was filed before the
Bombay High Court and arrest order was obtained. However, the said
order could not be served and hence on 23.7.2010 arrest warrant was
lifted and, thereafter, on 5.8.2010 the said Admiralty Suit was
withdrawn. Both these orders of arrest of vessel as well as
withdrawal of the suit are placed on record.
Having considered the
submissions made by the learned counsel and having perused the
documents and plaint the Court is of the prima facie view that the
defendant has failed and/or neglected to pay the plaintiff’s dues
for the necessaries supplied. The
Court has also taken into consideration the submissions made on
behalf of the plaintiff that unless the vessel, namely,
M.V.ANTIGONI, together with her hull, tackle, machinery, engines,
bunkers and appurtenance is arrested, the Plaintiff will suffer
irreparable loss in the event vessel – M.V.ANTIGONI is permitted to
leave Bedi Port at Jamnagar without furnishing the security. The
plaintiff will have no scope to realise the outstanding dues and
hence considering the prima faice case established by the Plaintiff,
I am of the view that the Plaintiff will be put to irreparable loss
and injury and therefore, it is necessary to arrest the vessel –
M.V.ANTIGONI presently lying in the waters of Port/Harbour, Bedi at
Jamnagar.
I,
therefore, do hereby make an order that the Registrar of this Court
do issue an order for arrest of vessel – M.V.ANTIGONI together with
her hull, tackle, machinery, engines, bunkers and appurtenance at
preset lying in the waters of Port/Harbour of Bedi at Jamnagar and
that the warrant of arrest be executed at any time of the day or
night or on Sundays or Holidays and I do further order that the Port
officer and Harbour Master at Bedi, Jamnagar and the Assistant
Commissioner of Customs at Bedi, Jamnagar do effect the arrest of
vessel – M.V.ANTIGONI at Bedi, Jamnagar and/or such other place
where ever she may be within territorial waters of Gujarat and I do
further order that if defendant and/or those interested in her,
deposits in this Court a sum of Rs.1,42,47,809.39 together with
interest @ 2% per month till payment/realisation to the satisfaction
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/Harbour Master at Bedi, Jamnagar and Assistant
Commissioner of Customs at Bedi, Jamnagar are directed to arrest the
vessel – M.V.ANTIGONI at present lying at Port and Harbour at Bedi,
Jamnagar and to keep the vessel under arrest until further order of
this Court. It is further ordered that Port/Harbour Authorities and
Customs Authorities shall not grant beaching permission to beach
vessel – M.V.ANTIGONI. It is further ordered that the Port
Officer/Harbour Master and the Customs Officer at Bedi, Jamnagar,
Gujarat shall render all assistance to the plaintiff in effecting
the arrest of warrant on the vessel M.V.ANTIGONI.
It is open for the
Plaintiff’s advocate to communicate the above order by fax message
at their own cost and the authorities are directed to act on fax
message.
Notice
to the defendant returnable on 13th
August, 2010. It is made clear that it will be open for the
defendant 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 –
M.V.ANTIGONI through her agent and send a copy thereof to the Port
and Customs Officers/ Harbour Master at Bedi, Jamnagar.
An
affidavit of undertaking is already furnished by the constituted
attorney of the plaintiff. The same is taken on record.
Direct service is
permitted today.
(K.
A. PUJ, J.)
kks
Top