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2017 DIGILAW 1706 (GUJ)

CMOG Fuel DMCC, A Company Incorporated Under the UAE Laws v. Mt. Distya Amerya (IMO 9077343)

2017-10-03

R.M.CHHAYA

body2017
ORDER : R.M. CHHAYA, J. 1. Learned Advocates Ms. Paurami Sheth and Mr. Jaimin Dave mentioned this matter for urgent circulation today. The permission is granted for urgent circulation and suit is taken up for hearing for urgent interim orders as the Defendant Vessel is likely to sail away or beach. 2. Learned Advocate Ms. Paurami Sheth submitted that on 24th May 2017 the Plaintiff through their physical suppliers supplied 698.78 Mts of bunkers via Bunker Delivery Receipt no. 47473 to the Defendant Vessel at Khorfakkan Anchorage which were accepted without raising any protest and/or demur, that the Master/Chief Engineer of the Defendant Vessel acknowledged receipt of Bunkers by endorsing upon the Bunker Delivery Receipt, that the Plaintiff thereupon raised Invoice, that later on when the Plaintiff sent repeated reminders to JMD Shipping and Trading FZE on behalf of the Defendant Vessel and/or master and/or owners and/or charterers and/or managers and/or operators, the Plaintiff was informed on 20th July 2017 that the supply was requisitioned by the owners of the Defendant Vessel i.e Arya Ship Charterers Private Limited who were liable to make payment to the Plaintiff, that they also provided letter addressed to the owners calling upon them to make payment to the Plaintiff, that the Plaintiff was assured of payment and was also informed that the Payment is made but the Plaintiff has yet not received credit in his account, that the Plaintiff has made payment in full to the physical supplier for which it has received the letter dated 24th September 2017, that the supply would be governed by Plaintiff's Standard Terms and Conditions for The Sale Of Marine Bunker Fuels, Lubricants And Other Products November 2015, that the Defendant Vessel is flying Indian Flag and hence the Plaintiff has filed the present suit as the Defendant Vessel has reached near Jafrabad for breaking purpose and once she is allowed to file Bill of Entry and then get beached, the Plaintiff would loose its security and interalia prayed for arrest of the Defendant Vessel and restraining her from filing Bill of Entry and getting beached. 3. Upon hearing Ms. Paurami Sheth with Mr. Jaimin Dave, Learned Advocates for the plaintiff and upon reading the plaint herein declared at Ahmedabad on 03.10.2017 filed by the advocate for the plaintiff herein and the affidavit of Mr. 3. Upon hearing Ms. Paurami Sheth with Mr. Jaimin Dave, Learned Advocates for the plaintiff and upon reading the plaint herein declared at Ahmedabad on 03.10.2017 filed by the advocate for the plaintiff herein and the affidavit of Mr. Raju Prabhatbhai Desai, Authorised Signatory of the Plaintiff above named affirmed on 03.10.2017 and upon hearing counsels for the plaintiff and upon the Plaintiff giving an undertaking in writing to the Registrar of this Court to pay such sums by way of damages as this Court may award as compensation in the event of the defendants sustaining prejudice by this order, I do order that the Registrar of this Court do issue a warrant for the arrest of the defendant vessel, MT Distya Ameya (IMO 9077343) along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furniture’s, equipments and all appurtenances, at present lying Jafrabad 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 Jafrabad Port do effect the arrest, seizure or detention of the defendant Vessel MT Distya Ameya at present lying Jafrabad Port 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 defendant and/or those interested in her depositing in this Court the principal amount of USD 217,320.89 plus interest amounting to USD 11,432 from due date of invoice till date and USD 20,000 for cost of litigation in India aggregating USD 248,752 with further interest at the rate of 2% per month on USD 217,320.89 from date of suit till its realization as per particulars of claim, the said Warrant of Arrest shall not be executed against the defendant Vessel MT Distya Ameya at present lying at Jafrabad Port within the Indian territorial waters. 4. The Port Officer and the Customs Authorities at Jafrabad are directed to arrest the vessel MT Distya Ameya at present lying at Jafrabad within the Indian territorial waters and or such other place wherever she may be within the territorial waters of India and to keep the vessel under arrest until further orders of this Court. 4. The Port Officer and the Customs Authorities at Jafrabad are directed to arrest the vessel MT Distya Ameya at present lying at Jafrabad within the Indian territorial waters and or such other place wherever she may be 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 Jafrabad shall render all assistance to the plaintiff or its representative in effecting the warrant of arrest for the vessel MT Distya Ameya. It is further ordered that the Defendant Vessel and all persons interested in her are restrained from filing Bill of Entry. 5. It is open for the plaintiff's advocate to communicate the above order by fax message/Email at their own cost and the authorities are directed to act on fax/Email message with an ordinary copy of this order. 6. The undertaking filed by Mr. Raju Prabhatbhai Desai, Authorised Signatory of the plaintiff is taken on record. 7. Notice to the Defendants returnable on 10.10.2017 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. 8. Office is directed to serve the warrant of arrest on the Defendant Vessel through Agent/Master and send copy thereof to Port and Customs Authorities at Jafrabad. 9. Direct service is permitted today.