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Judgment
Bhargav D. Karia, J
Heard learned advocate Ms. Paurami B. Sheth for the plaintiff through video conference.
Learned Advocate Ms. Paurami Sheth, mentioned this matter for urgent circulation today. The permission is granted for urgent circulation and suit is taken up for hearing for urgent interim orders.
Learned Advocate Ms. Paurami Sheth submitted that as per the request on behalf of the Defendant Vessel and her Owner, the Plaintiff supplied Bunkers to the defendant Vessel, that the Plaintiff had supplied bunkers to the faith and credit of the Vessel, that the said Bunkers were accepted without any protest, that the plaintiff raised two Invoices to which the payment was not sent on time, that the plaintiff sent reminders, that the Defendant Vessel Owner sent part payment but not paid interest for delayed payment, that as per General Terms and Conditions, the plaintiff appropriated the said payment towards interest and cost and thereupon intimated about outstanding amount but no payment is made till date, that the plaintiff has maritime claim and contractual lien and for the purpose the Plaintiff is constrained to file the present Suit and inter-alia prayed for arrest of the Defendant Vessel.
Upon hearing Ms. Paurami Sheth, Learned Advocate for the Plaintiff and upon reading the plaint herein signed at Ahmedabad on 20.11.2020 filed by the advocate for the Plaintiff herein and the affidavit of Mr. Raju Desai, authorized representative of the Plaintiff above named declared on 20.11.2020 and upon hearing counsel for the plaintiff and upon the Plaintiff giving 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 MV LUCENT (IMO No. 9142215) along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furnitures, equipments and all appurtenances, at present lying at Deendayal Port, Kandla within the Indian territorial waters 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 Deendayal Port, Kandla do effect the arrest, seizure or detention of the defendant Vessel MV LUCENT at present lying Deendayal Port, Kandla within the Indian territorial waters 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 principal amount of USD 188,437.25 and USD 20,000 for cost of litigation in India aggregating USD 208,437.25 with further interest at the rate of 5% per month on USD 188,437.25 from date of suit till its realization as per particulars of claim, the said Warrant of Arrest shall not be executed against the defendant Vessel at present lying at Deendayal Port, Kandla within the Indian territorial waters.
The Port Officer and the Customs Authorities at Deendayal Port, Kandla are directed to arrest the Defendant Vessel to be at Deendayal Port, Kandla within the Indian territorial waters 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 Deendayal Port, Kandla shall also intimate about this order to the Master/Chief Engineer of the Defendant Vessel through her Agent and effect the warrant of arrest for the Defendant Vessel through email.
Looking to the present situation, the Registry is directed to send this order to Port and Customs at Deendayal Port, Kandla through Email at following addresses and the Authorities at Deendayal Port, Kandla shall act on Email copy of the order and take the Defendant Vessel under arrest.
It is also open for the plaintiff's advocate to communicate the above order by Email at their own cost and the Port and Customs authorities are directed to act on Email message with an ordinary copy of this order.
Notice to the Defendants returnable on 24th November, 2020. It is made clear that it will be open for the Defendant to approach this Court even prior to the returnable date with an adequate notice to the plaintiff.