EATON CORPORATION LP vs M V PACIFIC BREEZE (IMO: 8617926)

The learned advocate for the plaintiff mentioned this matter for urgent circulation today. Permission is granted and the suit is taken up for urgent hearing today.

On hearing Mr. Manav A. Mehta advocate for the plaintiff and upon reading the plaint herein declared at Ahmedabad on the 6th May 2017 filed by the advocate for the plaintiff herein and the affidavit of Mr. Vilas Datania, the power of attorney holder of the plaintiff above named, affirmed on 6th 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 PACIFIC BREEZE, 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 ALANG at Bhavnagar 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 ALANG and the Customs Authorities at ALANG do effect the arrest, seizure or detention of the defendant vessel, M V PACIFIC BREEZE at the Port of ALANG 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 Rs. 51,25,356/- together with further interest thereon at the rate of 2% per month on Rs. Rs. 51,25,356/- from the date of filing suit until payment the said Warrant of Arrest shall not be executed against the defendant vessel M V PACIFIC BREEZE.

Mr. Manav Mehta, learned counsel for the plaintiff, submitted that the Plaintiff has supplied goods and services are for repairing of electric/automation equipment and also ship''s crane between the duration of May, 2016 and January, 2017 during her stay at port Riga, Latvia. It is further submitted that all these goods and services were duly received by the defendant vessel from time to time without any dispute or demur. The said fact is evident from the stamp applied by Master of the Defendant Vessel on the delivery notes. The plaintiff raised invoices to the tune of EURO 18,492 (Rs. 13,13,000/-) for supply of goods in connection with the

repair work and EURO 37,860 (Rs. 26,88,000/-) for rendering repairing services to the Defendant Vessel. Therefore, the total amount payable to the plaintiff was EURO 56,352 (Rs. 40,01,000/-).

It is specific case of the plaintiff that payment was to be made immediately upon the receipt of goods and services failing which Defendant Vessel was liable to pay interest. However, till date the plaintiff has not received any amount towards its outstanding invoices. In these circumstances the Plaintiff is entitled to security/payment for its claim for the principal amount of EURO 56,352 (Rs. 40,01,000/-) along with interest of EURO 10,836 (Rs. 7,69,356/-) for delayed payment at the rate of 2% per month from the invoice date till the date of filing of the suit till and realization thereof and cost as per particulars of claim. It is further submitted that this amount constitutes a maritime claim and/or maritime lien qua the Defendant Vessel.

Upon hearing Mr. Manav Mehta, learned Advocate for the plaintiff and upon reading the plaint herein declared at Ahmedabad on 6th May 2017 filed by the advocate for the plaintiff herein and the affidavit of Shri Vilas Datania, Constituted Attorney of the plaintiff above named affirmed on 6th 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 PACIFIC BREEZE, along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furnitures, equipments and all appurtenances lying at ALANG 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 ALANG Port do effect the arrest, seizure or detention of the defendant vessel, M.V. Pacific Breeze at the ALANG 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 Principal claim being EURO 56,352 (Rs. 40,01,000/-) along with interest of EURO 10,836 (Rs. 7,69,356/-) calculated at the rate of 2% per month till 5th May, 2017 and Legal cost of EURO 5000 (Rs. 3,55,0000 aggregating Rs. 51,25,356 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. Pacific Breeze.

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

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.

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

Notice to the defendant returnable on 15.05.2017. 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 Pacific Breeze or through the agent of the vessel M V Pacific Breeze and send copy thereof to Port and Customs Authorities at Alang.

Direct service is permitted today.