AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
33 paragraphs · 1,285 wordsJ. L. Odedra, J
Learned Advocate Ms. Paurami Sheth, Learned has filed Urgent note and sought permission for urgent circulation today contending inter alia 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 matter is taken up for hearing today.
Learned Advocate for the Plaintiff has submitted that one Aladin Express DMCC on behalf of the Defendant Vessel approached the Plaintiff for supply of Bunkers with the Plaintiff, that in pursuance of the same, the Plaintiff agreed and issued Sales Confirmation dated 18.03.2025 as per the Plaintiff's General Terms & Conditions for Petroleum Products Sales Agreements and thereupon made two supplies of Bunkers to the Defendant Vessel at Port Jeddah, Saudi Arabia through its physical supplier, Waad Energy Company Ltd on 31.03.2025, that the said bunkers were accepted by one Haldun Atmaca acting on behalf of the Defendant Vessel by issuing two Bunker Delivery Notes both dated 31.03.2025 duly signed and stamped without any demur confirming acknowledging receipt of the bunkers.
Ld. Advocate for the Plaintiff further submitted that the Plaintiff raised Invoice on 31.03.2025 on account of the Defendant Vessel on "MASTER AND/OR OWNERS AND/OR AGENT AND/OR OPERATORS AND/OR CHARTERERS OF 'AYDOGAN' AND Aladin Express DMCC" for an amount of US$ 208,257.80, that the said invoice indicated that there is 30 days credit period and then interest at the rate of 3% per month would be charged on the invoice amount, that the Defendant Vessel owner failed to pay by 29.04.2025, due date and hence the plaintiff sent reminders, that the Defendant Vessel and/ or her Owners failed to make payment despite reminders.
The Ld. Advocate for the Plaintiff further submitted that the Plaintiff has issued Letter of Demand dated 07.07.2025 through its Lawyers in Singapore calling upon the Defendant Vessel / her Owners / Agents to make payment of the principal outstanding of US$ 216,718.32 [Principal outstanding + interest accrued + US$ 392.57 towards legal fees], within 07 days of receipt of the Letter of Demand, failing which the Plaintiff would be compelled to initiate steps for recovery including but not limited to arrest the Defendant Vessel.
The Plaintiff again addressed reminders calling upon the Defendant Vessel to make payment of the outstanding sums due to the Plaintiff. That Aladin Express DMCC, on behalf of the Defendant Vessel, responded admitting their liability and assuring payment of the principal outstanding of US$ 204,080.90 together with the interest accrued thereon of US$ 12,653.02. There was however no payment forthcoming, and hence the Plaintiff is constrained to file the present Suit.
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. The bunkers were supplied by the Plaintiff to the Defendant Vessel on 31.03.2025, i.e., prior to change in ownership of the Defendant Vessel. The Bunkers were supplied by the Plaintiff to the Defendant Vessel at Jeddah Port; at the Defendant Vessel's faith and credit. The bunkers so supplied were necessary for the operation, management, preservation and maintenance of the Defendant Vessel; the Defendant Vessel remains liable to fulfil its commitment irrespective of change of Ownership as the Plaintiff has a maritime lien.
Ld. Advocate further submitted that the Plaintiff has maritime lien under Section 4(1) (l), 4(1)(w) read with 9(1)(e) of the Admiralty Act 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 22.08.2025 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 22.08.2025 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 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 (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 claim of US$ 204,080.90 plus US$ 18,367.28 towards contractual interest @ 3% p.m. calculated from 29.04.2025 to 21.08.2025 together with legal cost of US$ 25,000 aggregating US$ 247,448.18 (rounded amount) with further interest @ 3 % p.m. on its principal claim of US$ 204,080.90 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 i.e. LAILA PROSPERA (IMO No. 9149897) 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:
I. Mr. Sujal Shah sujal.shah@adani.com
II. Mr. Manoj Katar manoj.katar@adani.com
III. Mr. Harpalsinh Jadeja Harpalsinh.Jadeja@adani.com
IV. Mr. Gaurang Chudasama Gaurang.Chudasama@adani.com
V. Mr. Pranav Choudhary pranav.choudhary@adani.com
VI. Mr. Pushparajsinh Jadeja Pushparajsinh.Jadeja@adani.com
VII. Mr. Bhagwant Upadhye Bhagwant.Upadhye@adani.com
VIII. Customercare.CT@adani.com
IX. customercell@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 i.e. LAILA PROSPERA (IMO No. 9149897) 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 concerned persons all interested in the Defendant Vessel 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.