Jaldhi Overseas Pte Ltd vs MV The Patron

Murahari Sri Raman, J

During this winter vacation, urgency being mentioned before the Registry by the learned counsel appearing for the applicant in this Interlocutory Application on behalf of defendant no.1-vessel, the matter is assigned. By way of special notice, hearing is taken up at 4.00 p.m. today (31st December, 2025).

Notice being circulated and intimated to the learned counsel for the plaintiff, M/s. Soumyajyoti Biswal, Rahul Ray, Sweta Senapati and Sriram Krishna Jajodia, learned Advocates appeared.

Heard Sri Ishwar Mohanty, learned counsel for the applicant on behalf of defendant no.1-vessel in the afore-noted Interlocutory Application and Sri Soumyajyoti Biswal, learned counsel appearing for the plaintiff.

The applicant, who is a registered owner of the defendant no.1- vessel, MV THE PATRON (IMO 9481439), filed the afore-noted Interlocutory Application today with a prayer to release the said vessel, which was directed to be arrested vide dated 26th December, 2025 passed in I.A. No.39 of 2025 (ADMLS No.8 of 2025).

It is submitted by the learned counsel that the applicant, who is a registered owner of the defendant no.1-vessel, has an interest in the property under arrest. The applicant is stated to be the counter party to the charter party agreement. The plaintiff has brought the suit claiming certain reliefs against the defendants for refund / restitution of a sum of USD 202,000, equivalent to INR 1,81,33,540. Referring to Rule 38(2) of the Orissa High Court Admiralty (Jurisdiction and Settlement of Maritime Claims) Rules, 2020[. Rule 38 reads thus:

“38. Release of property arrested.—

Subject to the provisions of Rules 32 and 42, property arrested under a warrant may be ordered to be released–

(1) At the request of the plaintiff by a praecipe, before an appearance in person or by Vakalatnama is filed by the defendant; or

(2) On the defendant paying into Court the amount claimed in the suit; or

(3) On the defendant giving such security for the amount claimed in the suit as the Court may direct; or

(4) On any other ground that the Court may deem just.”], submitted that the Applicant in order to get the Vessel released, which was arrested under warrant issued vide order dated 26th December, 2025 in I.A. No.39 of 2025, undertakes to deposit an amount of Rs.1,81,33,540/-(rupees one crore eighty-one lacs thirty-three thousand five hundred forty) without prejudice to its rights and contentions to be raised in the suit.

5.1. It is urged that if the vessel is not released, heavy pecuniary loss would ensue to the defendant no.1/applicant. Since the amount claimed for restitution in the suit is protected by way of making deposit in this Court, no prejudice would be caused to the other side.

Sri Soumyajyoti Biswal, learned counsel for the plaintiff has no objection if the claim of the plaintiff is protected by way of such deposit, as prayed for to be made, but submitted that the said amount be kept in interest bearing account.

Considering the above submissions of the learned counsel appearing for the parties, it is appreciated that in case the applicant makes the deposit of the amount equivalent to the principal sum claimed by the plaintiff in the suit, balance of convenience would be best subserved. Therefore, this Court directs that in the event the Demand Draft of Rs.1,81,33,540/- (rupees one crore eighty-one lacs thirty-three thousand five hundred forty) obtained from any scheduled bank drawn in favour of the Registrar (Judicial) of High Court of Orissa, Cuttack is furnished by the defendant no.1/applicant before the Registry on or before 5th January, 2026 on proper acknowledgement, the defendant No.1-vessel, MV THE PATRON (IMO 9481439), shall be released forthwith from arrest and the defendant No.1-vessel would be free to proceed with its voyage.

It is made clear that the Registry shall keep the said amount of demand draft in interest bearing account in any scheduled bank and if ultimately the plaintiff succeeds, the aforesaid amount can be transferred in favour of the plaintiff along with such interest accrued thereon. It goes without saying that if the plaintiff fails, the aforesaid amount shall be returned to the applicant-defendant by the Registry of this Court. It is also clarified that aforesaid deposit is made without prejudice to the rights and contentions of the applicant/defendant No.1 in I.A. No.40 of 2025 (ADLMS No.8 of 2025).

With the above direction, the I.A. No.40 of 2025 stands disposed of.

Registry is instructed to place the ADMLS No.8 of 2025 on the date fixed, i.e., the week commencing 5th January, 2026 before the assigned jurisdictional Court.