Flex Commodities Dmc vs M. V. Laila Prospera (Imo No. 9149897)

J. L. Odedra, J

Learned Advocate Ms. Paurami Sheth, Learned Advocate has filed Urgent note and sought permission for urgent circulation today contending interalia that the Defendant vessel is presently at Mundra Port and likely to sail immediately upon completion of cargo operations. Considering the urgency involved, the Hon'ble Chief Justice has granted permission for urgent circulation and present Suit is taken up for hearing today.

Learned Advocate for the Plaintiff has submitted that one Aladin Express DMCC on behalf of the Defendant Vessel (in her previous Name "Aydogan") and her Owners and/ or all person interested in the Defendant Vessel approached the Plaintiff for supply of Bunkers with the Plaintiff, that in pursuance of the same, the Plaintiff agreed and issued Confirmation Note dated 27.02.2025 as per the Plaintiff's General Terms & Conditions and thereupon made supplies of Bunkers to the Defendant Vessel at Jeddah through its physical suppliers, National Bunkering Co. Limited on 09.03.2025, that the said bunkers were accepted by the Captain/ Chief Engineer of the Defendant Vessel by issuing Bunker Delivery Note dated 09.03.2025 duly signed and stamped without any protest or demur confirming acknowledging receipt of the bunkers.

Ld. Advocate for the Plaintiff further submitted that the Plaintiff raised Tax Invoice on 09.03.2025 on account of Aladin Express DMCC / and/or Owners/ Charterers / Operators / Managers of Aydogan for an amount of USD 201,202.50, that the said invoice indicated that there is 30 days credit period with a due date of 07.04.2025 and as per the Plaintiff's General terms and condition of sail, that the Plaintiff sent intimidation reminder vide email dated 04.04.2025 about the due date to the Defendant Vessel owner through Aladin Express DMCC, that the Plaintiff followed up with the Defendant Vessel owner through Aladin Express DMCC between 08.04.2025 and July, 2025, that in response to the same, the Defendant Vessel owner through Aladin Express DMCC assured for payment and intimated about payment reschedule date, that the last date was given of 23.07.2025, that despite assurance, the Defendant Vessel owner and/ or Aladin Express DMCC failed to make any payment.

The Ld. Advocate for the Plaintiff further submitted that as per the Equasis Report of the Defendant Vessel, there has been a change in the Ownership of the Vessel effective from 11.04.2025 but till date the Plaintiff has not been informed about the change of Ownership of the Defendant vessel either by the Defendant Vessel owner or Aladin Express DMCC through whom the order was placed. It is also submitted that as learnt by the Plaintiff that the Defendant Vessel and her Owners have many creditors like the Plaintiff and hence with a view to defraud the creditors, the Ownership has been changed on paper but for all practical purposes the ownership remained unchanged. The Ld. Advocate for the Plaintiff submitted that it is stated so as the supply was made on 09.03.2025 for which the payment fell due on 07.04.2025 and just within 4 days, the ownership is shown as changed which clearly establishes the fraud with a view to frustrate the rights of the creditors like the Plaintiff for their legitimate dues.

The Ld. Advocate for the Plaintiff submitted that the Bunkers were supplied by the Plaintiff to the Defendant Vessel at Jeddah Port at the faith and credit of the Defendant Vessel which was necessary for the operation, management, preservation and maintenance of the Defendant Vessel, that the bunkers were consumed and burnt in the operation of the Defendant Vessel without making payment for the same as a result the Plaintiff has suffered loss and damage in tort on account the bunker being used for which the Defendant Vessel remains liable to fulfil its commitment irrespective of change of her Ownership as the Plaintiff has maritime lien.

Ld. Advocate further submitted that the Plaintiff has maritime claim under Section 4(1) (l) read with 4(1) (n) of the Admiralty Act and maritime lien and since the Defendant Vessel is presently at Mundra Port the Defendant Vessel is required to be arrested for its maritime claim and maritime lien.

Heard Learned Advocate Ms. Paurami Sheth for the Plaintiff and considered the averments made in the plaint herein declared at Ahmedabad on 23.08.2025 filed by the Advocate for the Plaintiff herein and the affidavit of Mr. Raju Desai, the Authorized Representative of the Plaintiff above named affirmed on 23.08.2025 in support of the arrest. On a reading of the plaint and annexures thereto, prima facie it appears that the Plaintiff's claim in the Plaint is in the nature of a maritime claim and maritime lien.

Upon the Plaintiff giving an undertaking in writing to pay such sums by way of damages as this Court may award as compensation in the event of the Defendant Vessel sustaining any prejudice by this order, I do order that the Registrar of this Court do issue a warrant for the arrest of the Defendant vessel, LAILA PROSPERA having IMO No. 9149897 along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furniture, equipment and all appurtenances, at present lying at Mundra 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 Mundra Port do effect the arrest, seizure or detention of the Defendant Vessel at present lying at Mundra Port or 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 Defendants and / or those interested in her depositing in this Court for securing and / or satisfying the Plaintiff's claim of principal sum of USD 201,202.50 with USD 27363.54 towards contractual interest @ 3% p.a. calculated from due date to 20.08.2025 together with legal cost of USD 20,000/- aggregating USD 258,566/- (rounded amount) with further interest @ 3% p.m. on its principal claim of USD 201,202.50 from date of suit till payment/ realisation as per particulars of claim, the said Warrant of Arrest would not be executed against the Defendant Vessel at present lying at Mundra Port, within the Indian territorial waters.

The Port Officer and the Customs Authorities at Mundra Port are directed to arrest the Defendant Vessel at present lying at Mundra Port, within the Indian territorial waters immediately and to keep the Defendant Vessel under arrest until further orders of this Court. It is further ordered that the Port Officer and the Customs Officer at Mundra Port shall also intimate about this order to the Master / Chief Engineer of the Defendant Vessel and effect the warrant of arrest for the Defendant Vessel through email.

The Registry is directed to send this order to Port and Customs at Mundra Port at following addresses and the Authorities at Mundra Port shall act on Email copy of the order and take the Defendant Vessel under arrest:

I. sujal.shah@adani.com

II. manoj.katar@adani.com

III. Customercare.CT@adani.com

IV. customercell@adani.com

V. Harpalsinh.Jadeja@adani.com

VI. Gaurang.Chudasama@adani.com

VII. pranav.choudhary@adani.com

VIII. Pushparajsinh.Jadeja@adani.com

IX. Bhagwant.Upadhye@adani.com

X. Ashok.Tilwani@adani.com

XI. Mahavirsinh.Jhala@adani.com

XII. Stevedoring@adani.com

XIII. portopscenter@adani.com

XIV. commr-cusmundra@nic.in

XV. pomungmb@gmail.com

XVI. traffic.gmb@gmail.com

It is further directed that Authorities at Mundra Port shall act on email copy of the order and take the Defendant Vessel under arrest immediately.

Notice to the Defendants returnable on 25.08.2025. The Plaintiff is permitted to serve to the Defendant Vessel through her Owner or interested person through email.

It is also open for the Plaintiff to communicate the above order by Email to the Port and Customs authorities at Mundra Port and the Authorities at Mundra Port are directed to act on email message with an ordinary copy of this order.

It is made clear that it will be open for the Defendants to approach this Court even prior to the returnable date with prior notice to the Plaintiff.

Direct Service is permitted today.