Finera Trading DMCC vs MV Lucent (IMO No.9142215)

Bhargav D. Karia, J

Heard learned advocate Mr. Prashant Pratap with learned advocate Ms. Paurami Sheth with learned advocate Mr. Prashant Asher with learned

advocate Mr. Bulbul Singh for the plaintiff, learned advocate Mr. Manav Mehta and learned advocate Mr. Bimal Rajashekar for the defendant

through video conference.

Learned advocate Mr.Bimal Rajshekhar appearing with learned advocate Mr.Manav Mehta for the defendant states that against the claim of the

plaintiff to the tune of USD 208,437.25 with interest at the rate of 5% per annum from the date of the suit till realization, the defendant is ready and

willing to deposit an amount of USD 110,000 in the account maintained by the Registry of this Court with the Punjab National Bank. Learned

advocate Mr. Bimal Rajshekhar further submits that this deposit by the defendant will be subject to the rights and contentions of the defendant in the

suit. It was further submitted that upon deposit of the above amount by the defendant, the order of arrest of the defendant vessel dated 20.11.2020

passed by this Court may be modified and the defendant vessel may be permitted to sail. Learned advocate Mr. Bimal Rajshekhar submitted that with

regard to the remaining amount of USD 98,437.25, authorized officer from the defendant shall file an undertaking before this Court after getting it

confirmed from the plaintiff to the effect that if the plaintiff succeed in the suit, remaining amount shall be reimbursed to the plaintiff.

In view of the above submissions, the following order is passed :

(a) The defendant is hereby directed to deposit an amount of USD 110,000 in the account maintained by the Registry of this Court with the Punjab

National Bank. With regard to the remaining amount of USD 98,437.25 the authorized officer from the defendant is hereby directed to file an

undertaking before this Court within a period of one week after getting it confirmed from the plaintiff to the effect that if the plaintiff succeeds in the

suit, the remaining amount shall be reimbursed to the plaintiff.

(b) Upon confirmation of the credit of the aforesaid amount by the Punjab National Bank to the Registry of this Court, the order of arrest dated

20.11.2020 passed by this Court shall stand modified and the defendant vessel shall be released from the arrest and be permitted to sail.

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.

a. dydirector@deendayalport.gov.in

b. harbourmaster@deendayalport.gov.in

c. dyconservator@deendayalport.gov.in

d. srdydirector@deendayalport.gov.in

e. dycvo@deendayalport.gov.in

f. vo@deendayalport.gov.in

g. kandlacustoms@gmail.com

h. hmofficekpt@gmail.com

It is also open for the learned advocates for the respective parties 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.

It is hereby made clear that the deposit of the amount by the defendant vessel is subject to the rights and contentions of both the parties in the present

suit.

Stand over to 11th January, 2021.