Cockett Marine OIL DMCC vs MV TUO FU

A.J.Desai, J

1 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 as the Defendant Vessel is likely to sail on completion of cargo operations.

Learned Advocate Ms. Paurami Sheth submitted that on or around 5 August 2019 the Plaintiff was approached by Medmar INC on behalf of the Defendant Vessel and/or master and/or owners and/or charterers and/or managers and/or operators approached the Plaintiff for supply of Bunkers to the Defendant Vessel at Los Angeles, that Medmar INC had authority to place order for bunkers on behalf of the Owner of the Defendant Vessel which is necessary for her operation, management, preservation and maintenance, that the Plaintiff supplied the bunkers at faith and credit of the defendant Vessel, that the plaintiff raised invoice and since the payment for outstanding invoice was not forthcoming, the Plaintiff demanded vide Notice dated 02.12.2019 from the Owners and all interested persons and further issued Demand Notice through their Solicitors, the Defendant vessel's owners responded vide email dated 04.12. 2019 to the Plaintiff's lawyers demand notice disputing liability to pay outstanding amounts due by them, that the Plaintiff has maritime claim against the Defendant Vessel, that the Plaintiff's claim has arisen on account of non-payment for supply made to the Defendant Vessel which was made at faith and credit of the Vessel and as the invoice has still remained outstanding the Plaintiff has filed the present suit and interalia prayed for arrest of the Defendant Vessel.

Upon hearing Ms. Paurami Sheth, Learned Advocate for the plaintiff and upon reading the plaint herein declared at Ahmedabad on 22.01.2020 filed by the advocate for the plaintiff herein and the affidavit of Mr. Raju Prabhatbhai Desai, Authorised Signatory of the Plaintiff above named affirmed on 22.01.2020 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 TUO FU 8 - (IMO No. 9649249) along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furnitures, equipments and all appurtenances, at present lying at Hazira Port 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 Hazira Port do effect the arrest, seizure or detention of the defendant Vessel MV TUO FU 8 at present lying Hazira Port 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 94,792.93 plus interest amounting to USD 4,423.07 from 11 October 2019 till date and USD 20,000 for cost of litigation in India aggregating USD 119,216 with further interest at the rate of 2% per month 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 Hazira Port within the Indian territorial waters.

The Port Officer and the Customs Authorities at Hazira are directed to arrest the Defendant Vessel at present lying at Hazira Port 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 Hazira shall render all assistance to the plaintiff or its representative in effecting the warrant of arrest for the Defendant Vessel.

It is 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 with an ordinary copy of this order.

The undertaking filed by Mr. Raju Prabhatbhai Desai, Authorised Signatory of the plaintiff is taken on record.

Notice to the Defendants returnable on 30.01.2020. 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.

Office is directed to serve the warrant of arrest on the Defendant Vessel through Agent/ Master and send copy thereof to Port and Customs Authorities at Hazira. Direct service is permitted today.

[A.J.DESAI, J] DIPTI PATEL

Witness VIKRAM NATH, Esquire the CHIEF JUSTICE at Ahmedabad aforesaid this 22nd day of January, 2020