Shipoil Limited A Company Incorporated Under The Laws Of Hong Kong vs Owners And Parties Interested

K.Kumaresh Babu, J

The case of the applicant is that the respondent is the owner of not only the Vessel that is involved in the present lis but also the owner of the Vessel ZHONG GU LIN YI.

It is his case that he had supplied the bunker oil to the aforesaid ships in the month of September, 2023 and as per the Agreement between the parties, the respondent has also agreed to pay 2% interest at pro-rata per month on the goods delivered by the applicant. It is his further case that in spite of the acknowledgment of the liability given by the respondent in the month of November 2023 in respect of goods supplied for both the vessels, the respondent had failed to make good the payments. He would submit that the present Vessel involved in the lis had anchored in the Chennai Port Trust and therefore, if an order of arrest of the Vessel is ordered, it would serve the interest of justice and aid the applicant to recover the money. He would also submit that urgent orders are required as the Vessel is also scheduled to depart the Port and leave the jurisdiction of this Court in the morning on 09.06.2026.

I have considered the submissions made by the learned counsel appearing for the applicant and perused the materials available on record.

On perusal of the documents particularly the bunker delivery notes the applicant on 13.09.2023 in respect of the Vessel involved in the lis to the sister Vessel dated 06.09.2023 and also email communication that is eminated from the respondent wherein the respondent had agreed to repay the amount in six (6) equal monthly installments from 04.12.2023 till 25.01.2024.

This Court is satisfied that a prima facie case had been made out by the applicant with regard to the supply of the bunker oil for which payments have not been made by the respondent. In that context, the balance of convenience is also in favour of the applicant and if an interim order as prayed for is not granted to the applicant, it would cause prejudice to the applicant in recovery of his lawful dues. For the aforesaid reasons, there shall be an order of interim arrest of the vessel as prayed for.

On production of the order copy by the learned Counsels, the Port Authorities shall not permit the ship to sail or leave the jurisdiction of this Court.

Notice to the respondents returnable by four weeks. Private notice is also permitted.

As a sequal Mr.I.Inian, Advocate, (Cell No.8220034402), M/s.Sai Law Chambers , 2nd Floor, Vanguard House, No.48/148, Moore Street, Parrys, Chennai -600001, is appointed as an Advocate Commissioner to execute the warrant issued by this Court and file a report and entitled for an initial remunation of Rs.2,00,000/- (Rupees Two Lakhs only).