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Bunker Partner Ou, A Company Incorporated under the Laws of Estonia, Represented by Its Power of Attorney holder, T.X. Harry @ Thundiparambil Xavier Harry, cochin

    Admiralty Suit. No. 4 of 2022

    Decided On, 18 July 2022

    At, High Court of Kerala

    By, THE HONOURABLE MR. JUSTICE SATHISH NINAN

    For the Petitioner: V.J. Mathew, Sr. Advocate, Vipin P. Varghese, Adarsh Mathew, Kevin Mathew George, Meera Elsa George, Merline Mathew, Advocates. For the Respondents: ------



Judgment Text

1. Sri.V.J.Mathew, the learned Senior Counsel appears for the plaintiff.

The suit is filed seeking a decree for a sum of USD 23,503.14/- with interest @ 0.1% per day. The claim is for the value of bunkers supplied by the plaintiff to the defendant. On going through the averments in the plaint and also the affidavit filed in support of the application, I am satisfied that a prima facie case warranting an exparte order of arrest has been made out. Accordingly, a conditional order of arrest is issued.

2. 'MV MAIA-1' (IMO No.9358010), along with her hull, tackle, engine, machinery spares, gear, apparel, paraphernalia, furniture, etc, presently anchored in the Cochin Port Anchorage until an amount of USD 18-07-2022 /True Copy/ Assistant Registrar 23,503.14 equivalent to approximately INR 18,68,499.63 (1 USD=79.5 INR) due to the plaintiff is deposited before this Court or until the defendant furnishes security for the said amount to the satisfaction of this Court.

3. It is contended that the vessel is presently lying at the Cochin Port Trust within the territorial waters of this Court.

4. The plaintiff / petitioner shall furnish counter security for an amount of Rs.5,00,000/- (Rupees Five lakhs only) within a period of two weeks.

It is ordered that the Deputy Conservator of Ports, Cochin Port Trust, shall execute the warrant and effect the arrest, seizure and detention of t

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he defendant vessel MV MAIA-I, along with its hull, tackle, engines, machinery, boards, bunkers, equipments, peripherals and other appurtenants as ordered above.
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