Anjani ship suppliers v. Owners And Parties Interested In The Vessel M. V. Vsevolod Beletskiy
2018-08-23
ASHIS KUMAR CHAKRABORTY
body2018
DigiLaw.ai
JUDGMENT : 1. This affidavit of arrest has been filed by the plaintiff in the admiralty suit praying for, inter alia, arrest of the defendant no.1 vessel, namely, “M.V. VSEVOLOD BELETSKIY” along with her tackle, apparel and furniture by invoking the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (hereinafter referred to as “the said Act of 2017”). 2. The defendant no.1 vessel is a foreign vessel plying with Russian flag and presently lying arrested at Haldia port within the admiralty jurisdiction of this Court. The petitioner’s claim for Rs.13,92,536/- against the defendant no1. vessel appears to be on account of goods supplied to the defendant no.1 vessel. The Master of the defendant no.1 vessel has acknowledged the receipt of the goods supplied by the petitioner to be of good quality. According to the petitioner, its claim in the present suit against the defendant no.1 vessel constitutes maritime claims under Clause 4(1)(n) of the Act of 2017 which has come into force with effect from April 1, 2018. 3. Considering the materials on record, I find the petitioner has made out a prima facie case and the balance of convenience also lies in favour of the petitioner for obtaining an ex parte order of arrest of the defendant no.1 vessel, who already remains arrested in terms of an order passed by this Court in another admiralty suit. Accordingly, there shall be an order of arrest of the defendant no.1 vessel, “M.V. VSEVOLOD BELETSKIY” in terms of prayer (a) of the affidavit of arrest. 4. It is, however, clarified that if the owners and parties interested in the defendant no.1 vessel deposits the amount of Rs. 13,92,536/-to secure the claim of the plaintiff with the Registrar, Original Side of this Court, this order of arrest shall stand automatically vacated. 5. The Marshall shall forthwith communicate the order of arrest to the Master of the vessel as well as the concerned Port Authority, Customs Authorities and Coast Guard Authorities by FAX massage and by e-mail. 6. Upon payment of the necessary charges by the petitioner, the Marshall shall also serve the order of arrest including the copy of the affidavit of arrest on the Master of the Vessel. The Marshall’s communication shall be affixed on the MAST of the vessel. 7.
6. Upon payment of the necessary charges by the petitioner, the Marshall shall also serve the order of arrest including the copy of the affidavit of arrest on the Master of the Vessel. The Marshall’s communication shall be affixed on the MAST of the vessel. 7. The petitioner shall also serve copies of the plaint and the application, together with a copy of this order on the Master of the defendant no.1 vessel. 8. The Port Authorities, Customs Authorities and the Commandant, CISF are directed to render all necessary assistance to the Marshall to implement this order. 9. This application is made returnable on August 27, 2018. 10. The Marshall and all concerned including the Port Authorities, Customs Authorities and Coast Guard Authorities shall act on a server copy of this order. 11. Urgent certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.