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.