ORDER : DEVAN M. DESAI, J. 1. The matter was mentioned for urgent circulation before the Vacation Bench on the ground that the Vessel against which the maritime claim is sought to be enforced is currently berthed at Kandla Port, Gujarat, and apprehension is expressed that the Vessel is likely to sail out of territorial water and admiralty jurisdiction of this Court by today or tomorrow itself, and once it moves out, that would render the matter infructuous. Noticing the urgency addressed for, the circulation of the matter for admission hearing was permitted today itself. 2. Heard learned Senior counsel Mr. Devang Nanavati along with learned advocate Mr. Sukumar Tirthani. 3. Learned Senior Counsel Mr. Nanavati submitted that the Plaintiff – Jeel Kandla, was appointed as the Defendant Vessel’s steamer agent and provided agency services to the Defendant Vessel during her stay at Kandla Port in the month of July 2023. During the course of this stay, the Defendant Vessel idled at berth from 01/07/2023 to 03/07/2023 and 05/07/2023 and 09/07/2023, which caused the port authorities to demand opportunity opportunity loss of cargo related revenue and opportunity loss of vessel related charges as per the scale of rates in force at the relevant time. As a portion of the said opportunity loss charges is outstanding, the port authorities raised a demand from the plaintiff for the payment of the same. To that end, Learned senior counsel drew the attention of the court to the demand notices dated 24/07/2023 and 16/08/2023 issued by the port authorities, calling upon Plaintiff to make payment of the accrued opportunity loss charges. While the notices do not specify any amounts, it is submitted that as per the calculations of the plaintiff an amount of INR 30,08,861/- is outstanding. It is further submitted that as a common prevalent practice, the port authorities, for any outstanding dues, usually make the demand from the agents only, and the agents, in turn, request the vessel to clear the outstanding dues. It is also submitted that irrespective of whether the agents are able to recover the dues from the vessel or its owners, they are liable to make payment of the outstanding dues, failing which the licenses are suspended. In this background, Learned senior counsel Mr Nanavati submits that the plaintiff has incurred disbursements in the form of port dues on behalf of the defendant Vessel and its owners. In this background, Learned senior counsel Mr Nanavati submits that the plaintiff has incurred disbursements in the form of port dues on behalf of the defendant Vessel and its owners. It is also submitted that the instant suit has been brought for indemnity against the demand raised by the port and/or the recovery of the outstanding portion of the opportunity loss charges imposed by the port. It was further submitted that the claim of the plaintiff is a Maritime Lien as per the provisions of Sections 4(1)(n), 4(1)(p), 4(1)(w) & 9(1)(d) of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (‘2017 Act’). 4. Learned Senior Counsel Mr. Nanavati also drew my attention to the fact that by email dated 10/07/2023, the defendant Vessel’s owner’s protective agents had confirmed that the owners will be liable for any opportunity loss charges and if such charges are imposed, the protective agents will pay the same. 5. Learned Senior Advocate Mr. Devang Nanavati has placed reliance upon the decision in the case of MV Golden Pride, through her owner Golden Star Marine FZE…. Versus GAC Shipping (India) Pvt. Ltd. And Others …reported in 2023 SCC OnLine Bom 967 and has further placed reliance upon the order dated 20.11.2023 delivered by the Madras High Court in A.No.6121 of 2023 and C.S.(Comm. Div.) No.282 of 2023. 6. Upon hearing Mr. Devang Nanavati, learned senior counsel, along with Mr. Sukumar Tirthani, Learned Advocate for the plaintiff and upon perusing the averments/pleadings in the plaint herein declared at Ahmedabad on 18.05.2024, filed by the advocate for the plaintiff herein and the affidavit in support thereof of Mr. Div.) No.282 of 2023. 6. Upon hearing Mr. Devang Nanavati, learned senior counsel, along with Mr. Sukumar Tirthani, Learned Advocate for the plaintiff and upon perusing the averments/pleadings in the plaint herein declared at Ahmedabad on 18.05.2024, filed by the advocate for the plaintiff herein and the affidavit in support thereof of Mr. Darshanbhai Thakor, Authorised Signatory of the plaintiff above named, 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 defendant Vessel, M.V. Bharadwaj (IMO 9290189) along with its hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furniture, equipment’s and all appurtenances, at present lying at the Port of Kandla 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 defendant Vessel, M.V. Bharadwaj (IMO 9290189) at the Port of Kandla or such other place wherever she may be within the territorial waters of the jurisdiction of this Court and I do further order that in the event of the defendant and/or those interested in her depositing in this Court a sum of INR 35,54,861/- (principal plus legal fees plus expenses) along with interest at the rate of 18% per month the date of filing the Suit till payment/realization, the said Warrant(s) of Arrest shall not be executed against defendant Vessel, M.V. Bharadwaj (IMO 9290189). 7. The Port Officer and the Customs Authorities at Kandla are directed to arrest the defendant Vessel, M.V. Bharadwaj (IMO 9290189) at present lying at Kandla Port 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 Hazira shall render all assistance to the plaintiff or its representative in effecting the warrant of arrest on the defendant Vessel. 8. It is further ordered that the Port Officer and the Customs Officer at Hazira shall render all assistance to the plaintiff or its representative in effecting the warrant of arrest on the defendant Vessel. 8. The Registry is directed to send this order to Port and Customs at Kandla Port today itself through email at following addresses and the Authorities at Hazira Port shall act on an email copy of the order and take the defendant Vessel under arrest; 1. signaldpt@deendayalport.gov.in 2. hmofficekpt@gmail.com 3. harbourmaster@deendayalport.gov.in 4. dydirector@deendayalport.gov.in 5. dyconservator@deendayalport.gov.in 6. dycvo@deendayalport.gov.in 7. trafficmanager@deendayalport.gov.in 8. dychairman@deendayalport.gov.in 9. cvo@deendayalport.gov.in 10. secretary@deendayalport.gov.in 11. commr-cusDeendayal@nic.in 12. komal.patel@gov.in 13. kandlacustoms@gmail.com 14. signalkpt@gmail.com. 9. 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. 10. In view of the above, stand over to 10.06.2024. Direct Service permitted today.