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2026 DIGILAW 14 (GUJ)

Kishan Minerals v. Ssl Visakhapatnam(Imo 9137521)

2026-01-13

MAUNA M.BHATT

body2026
ORDER : MAUNA M. BHATT, J. 1. Heard learned Advocate Mr. Sukumar Tirthani for the Plaintiff. 2. Learned Advocate Mr. Sukumar Tirthani has sought permission for urgent circulation of the matter as Defendant Vessel is likely to leave the admiralty jurisdiction of this court today itself and urgent orders are required to be obtained. It is submitted that the Defendant Vessel is the sister vessel of MV TBC Badrinath, offending vessel. 3. Learned Advocate Mr. Sukumar Tirthani submitted that the maritime claim arises for losses caused to the plaintiff on account of misdelivery of cargo, that is release of cargo without the production of Original Bills of Lading. 4. It is submitted that sell and purchase of 10,000 MTs of RG6 Grade Ball Clay and 3500 MTs of Feldspar was negotiated between the Plaintiff (seller) and One Future Ceramic and Porcelain, Saudi Arabia (Buyer) and two purchase orders, PO 0006264-1 and PO-0006290-2 for FOB (free on board) Kandla Port were issued. The payment mode was finalized by way of irrevocable Letter of Credit. Pursuant to the purchase orders, the Plaintiff issued invoices dated 918 and 919, both dated 20/06/2025. The total invoiced value of the cargo under the aforementioned invoices was USD 705,000. 5. It is further submitted that irrevocable Letters of Credit were opened by Arab National Bank in favor of Plaintiff, where as per the terms, the payment was to be made within sixty (60) days from the issuance of Bills of Lading and upon the receipt of delivery documents. 6. It is further submitted that pursuant to the receipt, the cargo was loaded onto the vessel MV TBC Badrinath. The clean mate’s receipts dated 09/07/2025 and clean bills of lading with BL No. TBC/KDL-SA/003 and TBC/KDL-SA/004 dated 10/07/2025 were issued by and for and on behalf of the master of MV TBC Badrinath. Furthermore, for the export of the cargo from Kandla Port, the Plaintiff incurred expenses of INR 39,91,412 towards storage, wharfage, port handling charges, royalty, customs clearance, etc. 7. It is further submitted that pursuant to obtaining the documents, all the necessary original documents were couriered by the Plaintiff’s bank to Arab National Bank in order to honor the Letters of Credit. However, upon receipt of the original delivery documents, Arab National Bank raised certain discrepancies which were ultimately waived/ accepted by the receiver on 23/07/2025. 8. 7. It is further submitted that pursuant to obtaining the documents, all the necessary original documents were couriered by the Plaintiff’s bank to Arab National Bank in order to honor the Letters of Credit. However, upon receipt of the original delivery documents, Arab National Bank raised certain discrepancies which were ultimately waived/ accepted by the receiver on 23/07/2025. 8. It is further submitted that even though the discrepancies were waived by the receiver, the receiver never obtained the possession of the delivery documents. Regardless of this, the master of MV TBC Badrinath, permitted delivery of the cargo without the production and surrender of the Original Bills of Lading. Eventually, the letters of credit issued in favour of the Plaintiff expired, and the delivery documents, including the original Bills of Lading, were returneds by Arab National Bank to the Plaintiff’s bank. As a consequence of the release of the cargo without production and surrender of the original Bills of Lading, the Plaintiff was wrongfully deprived of payment under the letters of credit and has suffered significant financial loss on account of the misdelivery of the cargo. 9. It is further submitted that the Defendants are in flagrant breach of their obligation resulting in loss suffered by the Plaintiff and that the Defendant Vessel and her owners, are therefore, liable to make good the losses suffered by the plaintiff which has given rise to the present claim of misdelivery of the cargo on account of operation of the Defendant Vessel and hence, it would amount to a maritime claim under Section 3 r/w Sections 4(1)(f), and 4(1)(g) of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017. The Plaintiff further seeks an order of arrest for securing its maritime claim under Section 5(2) of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017. 10. Heard Mr. Sukumar Tirthani, Learned Advocate for the Plaintiff and perused the Plaint herein signed at Ahemdabad on 13 th January 2026, filed by the Advocate for the Plaintiff herein, and the Affidavit of Mr. Kamlesh Narsang Vaid, Authorized Signatory, declared on 13 th January 2026. Considered the submissions and upon reading the plaint along with the exhibits thereto, prima facie it appears that the claim in the Plaint is in the nature of a maritime claim as the Plaintiff’s claim arises for misdelivery of the cargo. Kamlesh Narsang Vaid, Authorized Signatory, declared on 13 th January 2026. Considered the submissions and upon reading the plaint along with the exhibits thereto, prima facie it appears that the claim in the Plaint is in the nature of a maritime claim as the Plaintiff’s claim arises for misdelivery of the cargo. Upon the Plaintiff giving an undertaking in writing to pay sums by way of damages as this may award as compensation in the event of the Defendant Vessel sustaining any prejudice by this order, I do order that the Registrar of this Court do issue a warrant for the arrest of the Defendant Vessel SSL Visakhapatnam (IMO 9137521) along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furnitures, equipments and all appurtenances, at present lying at Hazira 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 Hazira Port do effect the arrest, seizure or detention of the defendant Vessel, at present lying Hazira 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 781,189 and INR 39,91,412 inclusive of interest and costs till the filling of the Suit, together with any further costs and expenses and further interest at the rate of 18% per annum, from the date of filing the suit, till the satisfaction/payment/realisation of the decree/judgment, as per the particulars of the Claim, the said Warrant of Arrest shall not be executed against the Defendant Vessel at present lying at Hazira Port within the Indian territorial waters. 11. The Port Officer and the Customs Authorities at Hazira Port are directed to arrest the Defendant Vessel within the Indian territorial waters 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 Port shall also intimate about this order to the Master/Chief Engineer of the Defendant Vessel through her Agent and effect the warrant of arrest for the Defendant Vessel. 12. It is further ordered that the Port Officer and the Customs Officer at Hazira Port shall also intimate about this order to the Master/Chief Engineer of the Defendant Vessel through her Agent and effect the warrant of arrest for the Defendant Vessel. 12. The Registry is directed to send this order to Port and Customs at Hazira Port through Email at following addresses and the Authorities at Hazira Port shall act on Email copy of the order and take the Defendant Vessel under arrest. a. Shahzad@adani.com b. kashyap.desai@adani.com c. Pranav.choudhary@adani.com d. Jeyaraj.Thamburaj@adani.com e. ahppl.ceooffice@adani.com f. Vivek.singh@adani.com g. rathod@adani.com h. Anand.marathez@adani.com i. Dhiraj.Tank@adani.com j. Jayesh.Chandan@adani.com k. Shah.Mehul2@adani.com l. Avinash.chauhan@adani.com m. Security.ncr@adani.com n. Ahppl.marinecontrol@adani.com o. shahzad@adani.com p. Ashish.singhal@adani.com 13. It is open for the plaintiff's advocate to communicate the above order by Email to the Authorities and the Owner/person interested in the Defendant Vessel Owner and the Port and Customs authorities at Hazira Port are directed to act on Email message with an ordinary copy of this order. 14. Issue Notice to the Defendants returnable on 13.02.2026. The Plaintiff is permitted to serve the Defendants through email. It is made clear that the Defendants may approach the Court even before the returnable date for any orders or directions. Written Statement if any is to be filed within 30 days of the service of the present notice and, in any event, with the leave of the court, not later than 120 days from the date of service of the notice is to be filed within. The Plaintiff is permitted to serve the Defendant directly or through an agent by email. 15. Direct service TODAY is permitted.