ASEAN INTERNATIONAL LIMITED vs M. V. ARUN (IMO 9481659)

On hearing Mr. Jaimin R. Dave advocate for the plaintiff and upon reading the plaint herein declared at Ahmedabad on the 15th May 2017 filed by the advocate for the plaintiff herein and the affidavit of Mr. Raju Desai, the power of attorney holder of the plaintiff above named, affirmed on 15th May

2017 AND UPON HEARING counsel for the plaintiff AND UPON THE PLAINTIFF giving an undertaking in writing to the Registrar of this Hon'ble Court to pay such sums by way of damages as this Hon'ble Court may award as compensation in the event of the defendants and/or any party sustaining prejudice by this order, I DO ORDER THAT the Registrar of this Hon'ble Court DO ISSUE a warrant for the arrest of the defendant vessel, M V ARUN, along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furniture, equipments and all appurtenances, at present lying at the Port and Harbour of HAZIRA 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 at HAZIRA and the Customs Authorities at HAZIRA do effect the arrest, seizure or detention of the defendant vessel, M V ARUN at the Port of HAZIRA or such other place wherever she may be within the territorial waters of India AND I do further order that in the event of the defendant and/ or those interested in her depositing in this Hon'ble Court a sum of sum of US$ 444,681 together with further interest thereon at the rate of 2% per month on US$ 444,681 from the date of filing suit until payment the said Warrant of Arrest shall not be executed against the defendant vessel M

V ARUN.

Mr. Jaimin R. Dave, learned counsel for the plaintiff, submitted that the Plaintiff has supplied 1,198.808 MTS of bunkers via Bunker Delivery Receipt No.1579 dated 5th March, 2017 and 47.200 MTS of bunkers via Bunker Delivery Receipt dated 5th March, 2017 to the Defendant Vessel at Singapore. All these supplies were duly accepted by Defendant Vessel and delivery notes were duly signed by Master of the Defendant Vessel. These Bunker Delivery Notes are produced at Annexure-C along with the plaint.

It was further submitted that pursuant to the said supply Plaintiff issued an Invoice bearing no. 11174/17 on account of the Defendant Vessel and/or master and/or owners and/or charterers and/or managers and/or operators and/or Essar Shipping Limited for an amount of USD 413,920.60. The Invoice provided that payments made beyond the due date would be charged interest

@ 2% per month pro-rata. It is the case of Plaintiff that despite giving several reminders to the owner and/ or agent of the vessel for payment of its outstanding invoice.

Thus, according to the Learned Advocate for the Plaintiff, the Plaintiff's is entitled to the claim of principal amount of US$ 413,920.60 plus interest amounting to US$ 10,761 from due date of invoice till date and US$ 20,000 for cost of litigation in India aggregating US$ 444,681 with further interest at the rate of 2% per month from date of suit till its realization as per particulars of claim.

Upon hearing Mr. Jaimin R. Dave, learned Advocate for the plaintiff and upon reading the plaint herein declared at Ahmedabad on 15th May 2017 filed by the advocate for the plaintiff herein and the affidavit of Shri Raju Desai, Constituted Attorney of the plaintiff above named affirmed on 15th May 2017 and upon hearing counsel for the plaintiff and upon plaintiff having given an undertaking in writing to the Registrar of this Court to pay such sums by way of damages as this Court may award as compensation in the event of the defendants sustaining prejudice by this order, I do order that the Registrar of this Court do issue a warrant for the arrest of the defendant Vessel, M V ARUN, along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furnitures, equipments and all appurtenances lying at HAZIRA Port 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 the Customs Authorities at HAZIRA Port do effect the arrest, seizure or detention

of the defendant vessel, M V ARUN at the HAZIRA Port or such other place wherever she may be within the territorial waters of India and I do further order that in the event of the defendant and/ or those interested in her depositing in this Court the sum of claim amount being US$ 444,681 with further running interest at the rate of 2% per month till realization as per Exhibit I, the said Warrant of Arrest shall not be executed against the defendant vessel M V ARUN.

The Port Officer and the Customs Authorities at HAZIRA are directed to arrest the vessel M V ARUN at present lying at Port of HAZIRA 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 Officer and the Customs Officer at HAZIRA shall render all assistance to the plaintiff or its representative in effecting the warrant of arrest on the vessel M V ARUN.

It will be open for the plaintiff's advocate to communicate the above order by fax message/Email at their own cost and the authorities are directed to act on fax/Email message.

The undertaking filed by of Mr. Raju Desai, the power of attorney holder of the plaintiff is taken on record.

Notice to the defendant returnable on 12.06.2017. It is made clear that it will be open for the defendant to approach this Court even prior to the returnable date with adequate notice to the plaintiff.

Office is directed to serve the warrant of arrest on the Master of the Vessel M V ARUN or through the agent of the vessel M V ARUN and send copy thereof to Port and Customs Authorities at HAZIRA.

Direct service is permitted to day.