Eastman International vs MV MSC Sabrina III IMO No. 8714205 And Others

Gauri Godse, J

Though today is a court non-working day, in view of the extreme urgency expressed on behalf of defendant no.1, this matter is taken up today at 10.00 a.m.

Defendant No.1 undertakes to file Vakalatnama on behalf of defendant no.1 within a period of one week from today. It is submitted on behalf of defendant no.1 that defendant no.1’s vessel is presently at Mumbai anchorage as is likely to berth today and is also scheduled to sail out today itself post completion of cargo operations. Hence, it is submitted that considering the urgency, the defendant no.1 is ready to furnish cash security of INR 7,23,29,900 equivalent Euro 7,85,000 for securing release of defendant no.1 vessel. He submits that the said cash security will be without prejudice to rights and contentions of defendant no.1 including reserving rights and without submitting to the jurisdiction of this Court.

Learned counsel appearing for the plaintiff states that the order of arrest of defendant no.1 is served on the concerned authorities yesterday. Without prejudice to the rights and contentions of the plaintiff, in view of the cash security offerred by defendant no.1, the plaintiff has no objection to release defendant no.1 vessel from arrest.

Learned counsel for defendant no.1 states that Demand Draft No. 002261, dated 30th December 2023, drawn on HDFC Bank, Andheri East Branch, in favour of the Prothonotary & Senior Master of this Court for an amount of Rs. 7,23,29,900/-(Rupees Seven Crores Twenty Three Lakhs Twenty Nine Thousand Nine Hundred Only) will be tendered to the Prothonotary & Senior Master of this Court during the course of the day. The security/Demand draft No. 002261, is tendered without prejudice to rights and contentions of the Defendant no.1 and without submitting to the jurisdiction of this Hon’ble Court. Since today, court office is not working, the demand draft shall be submitted with the Court Associate during the course of the day.

I am informed by the Court Associate that there is no caveat registered against the release of vessel.

Considering that the claim of the plaintiff is now fully secured, the order of arrest dated 29th December 2023, is vacated and defendant no.1, vessel shall be released from arrest. The instrument of release is dispensed with. The aforesaid amount deposited by defendant no.1 shall be invested in fixed deposit in a Nationalised Bank for a period of one year and shall be renewed from time to time till disposal of the suit subject to any further orders passed by the court.

Learned counsel for defendant no.1 states that defendant no.1 is not yet served with copy of the plaint and/or arrest warrant. Learned counsel for the plaintiff states that he will take necessary steps to serve the plaint including other proceedings within a period of one week from today.

Learned counsel for defendant no.1 states that charges if any regarding poundage shall be deposited by defendant no.1.

I am informed that defendant no.1 vessel is currently lying at the Mumbai Anchorage. The Port as well as Customs and other authorities be informed that order of arrest of defendant no.1 vessel issued on 29th December 2023 stands vacated and defendant no.1 vessel is released from arrest. Defendant no.1 vessel is at liberty to communicate this order by fax or email to Port, Customs and all concerned authorities.