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United Bunkering & Trading (Asia) Pte Limited v/s MV Crystal Gold

    Admirality Suit No. 31 of 2014

    Decided On, 31 December 2014

    At, High Court of Gujarat At Ahmedabad

    By, THE HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

    For the Appearing Parties: Paurami B Sheth, Advocate.



Judgment Text

Oral Order:

1. Learned advocate Mr. Tirthraj Pandya appearing on behalf of the learned advocate Ms. Paurami Sheth for the plaintiff at 11.00 a.m. has shown urgency in the matter and requested that the present Admirality Suit be permitted to be circulated today itself. Accordingly, the matter is notified on the board and is taken up for consideration.

2. Heard learned advocate Ms. Paurami Sheth with learned advocate Mr. Tirthraj Pandya for the plaintiff.

3. Learned advocate has pointed out the averments made in paragraph No. 10 of the plaint, wherein it is stated as under:

"The Plaintiff has learnt that Defendant Vessel is presently at Kandla under arrest order of his Hon'ble court and might sail away upon lifting of the said arrest order since the repairs of the Defendant vessel are over. Thus the Defendant vessel may leave the territorial waters any time and hence, urgent and immediate ex-parte orders are required from this Hon'ble Court for the arrest of the Defendant Vessel before the Plaintiff's claims are defeated and/ or extinguished. No other assets within the jurisdiction of this Hon'ble Court exist to satisfy the claim in the present Suit. It is therefore necessary that the Defendant Vessel is to be arrested failing which the Plaintiff's only security will be lost and the Plaintiff will not be able to recover its dues. In the circumstances, the Plaintiff prays for urgent and immediate ex parte order of arrest and detaining the Defendant Vessel in its present position."

A copy of the order passed by this Court in Admiralty Suit No. 29 of 2014 is produced on record.

4. The plaintiff has filed the present Suit seeking a decree in its favour and against the defendant-vessel M.V. Crystal Gold for a sum of US $ 193,915.52 at the rate of 3% per month till its realization from the due date of the invoice till 29 th December 2014 and further interest at the rate of 3% per month till its realisation along with legal costs and expenses in India.

5. Upon hearing Ms. Paurami Sheth, Advocate with Mr. Tirthraj Pandya, advocate for the Plaintiff, and upon reading the plaint herein declared at Ahmedabad on 31.12.2014 filed by the advocate for the plaintiff herein, and the affidavit of Mr. Raju Desai, Constituted Attorney of the Plaintiff above named affirmed on 31.12.2014, and upon hearing counsel for the plaintiff, and upon the plaintiff giving an undertaking in writing to the Registrar of this Hon'ble Court to pay such sums by way of damages as this Hon'ble Court may award as compensation in the event of the defendants and/or any party sustaining prejudice by this order, I do order that the Registrar of this Hon'ble Court do issue a warrant for the arrest of the defendant vessel, M.V. CRYSTAL GOLD along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furnitures, equipments and all appurtenances, at present lying at Kandla Port, 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 Kandla do effect the arrest, seizure or detention of the defendant vessel, M.V. CRYSTAL GOLD at the Port of Kandla, 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 defendant and/ or those interested in her depositing in this Hon'ble Court the principal claim amounting USD 152,960.00 along with accrued interest of USD 20,955.52 at the rate of 3% from due dated of invoice till 29th December 2014, and further interest at the rate of 3% per month till its realization, cost of litigation in India amounting to USD 20,000 aggregating USD 193,915.52 as per Exh. I, the said Warrant of Arrest shall not be executed against the defendant vessel M.V. CRYSTAL GOLD. The defendant Vessel however is entitled to load/unload while remain under arrest.

6. The Port Officer and the Customs Authorities at Kandla are directed to arrest the vessel M.V. CRYSTAL GOLD at present lying at Port of Kandla within the territorial waters of India, and to keep the vessel under arrest until further orders of this Court. It is further ordered that the Port Officer and the Customs Officer at Kandla shall render all assistance to the plaintiff or its representative in effecting the warrant of arrest on the vessel M.V. CRYSTAL GOLD.

7. It is open for the plaintiff's advocate to communicate the above order by fax/email message at their own cost, and the authorities are directed to act on fax/email message.

8. The under

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taking filed by Mr. Raju Desai, Constituted Attorney of the Plaintiff is taken on record. 9. Notice to the defendant returnable on 07.01.2015. It is made clear that it will be open for the defendant to approach this Court even prior to the returnable date with adequate notice to the plaintiff. 10. Office is directed to serve the warrant of arrest on the Master of the Vessel M.V. CRYSTAL GOLD, or through the agent of the vessel, and send copy thereof to Port and Customs Authorities at Kandla.
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