Quick Time General Trading LLC v. Owners & Parties Interested In The Vessel M. T. Aquarius
2018-08-10
ASHIS KUMAR CHAKRABORTY
body2018
DigiLaw.ai
JUDGMENT : This affidavit of arrest has been filed in the Admiralty Suit by the plaintiff praying for, inter alia, arrest of the defendant vessel, M. T. AQUARIUS flying with Barbados flag, presently lying at Haldia Dock Complex, within the admiralty jurisdiction of this Court. 2. The plaintiff claims to have a maritime claim against the defendant vessel of AED 15,251,702.60, equivalent to INR 28,06,31,328.00 on account of her failure to deliver the cargo namely, 15,497 M.T. of gas oil to the plaintiff at the port of Mukalla in Yemen. It is the case of the plaintiff that under the Bill of Lading disclosed in the application, the defendant vessel was to deliver the said gas oil at the port at Mukalla, Yemen but, instead of doing so, the defendant vessel delivered the said gas oil to a third party at Hamriyah, UAE. The plaintiff asserts that its claim against the defendant vessel, on account of her failure to deliver the said gas oil at Mukalla port, Yemen gives rise to a ‘maritime claim’ under Section 4(1)(f) of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017. 3. Considering the materials on record, I find that the plaintiff has made out a prima facie case and the balance of convenience also lies in favour of the plaintiff for arrest of the defendant vessel which is likely to leave the Indian territorial water during the next few days. 4. Accordingly, there shall be an order directing arrest of the defendant vessel M.T. AQUARIUS, along with her tackle, hull, engine, equipment, apparels, furniture and all movables lying on board in terms of prayer (a) of the Affidavit of Arrest. 5. The Marshall of this Court is directed to forthwith arrest the vessel, M.T. AQUARIUS, along with her tackle, hull, engine, equipment, apparels, furniture and all movables lying on board. 6. The Marshall shall forthwith communicate the order of arrest to the concerned Port Authority, Customs Authorities and Coast Guard Authorities by FAX message electronic mail. 7. Upon payment of the necessary charges by the plaintiff, the Marshall will also serve the order of arrest including the copy of the Affidavit of arrest on the Master of the defendant vessel. The Marshall’s communication shall be affixed on the MAST of the vessel. 8. Similarly, the plaintiff shall also communicate this order to the Port Authorities, Customs Authorities and Coastguard Authorities. 9.
The Marshall’s communication shall be affixed on the MAST of the vessel. 8. Similarly, the plaintiff shall also communicate this order to the Port Authorities, Customs Authorities and Coastguard Authorities. 9. It is, however, clarified that in the event the defendant deposit the amount of INR.26,06,31,328.00 as security with the Registrar, Original Side of this Court, this order of arrest of the defendant vessel shall stand automatically vacated. 10. The Port Authorities, Customs Authorities and the Commandant, CISF are directed to render all necessary assistance to the Marshall to implement this order. 11. The Marshall and all concerned including the Port Authorities, Customs Authorities and Coast Guard Authorities shall act on a server copy of this order. 12. The application is made returnable on August 13, 2018.