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2026 DIGILAW 155 (GUJ)

Al Furat Fzco v. M. V. Esl Oman (Imo No. 9290799)

2026-03-06

NIRAL R.MEHTA

body2026
ORDER : NIRAL R. MEHTA, J. Learned Advocate Mr. Pankeet P. Aundhiya submitted that the vessel was to arrive at Mundra port and hence, the Mundra port has been joined is defendant No.5; however defendant No.1 vessel is presently at Hazira port and within the jurisdiction of this court and therefore, a draft amendment is tendered. The draft amendment is allowed. To be carried out forthwith. 2. Learned Advocate Mr.Pankeet P. Aundhiya for the Plaintiff mentioned the present matter for urgent circulation and considering the urgency involved, the present matter is taken up for hearing today. 3. Learned Advocate Mr. Pankeet P. Aundhiya instructed by Mr. Joy Thattil Ittoop for the Plaintiff. 4. Learned Advocate for the Plaintiff has invited the attention of this Court to the averments made in the plaint and submitted that the Plaintiff has filed the present Admiralty Suit seeking arrest of the Defendant Vessel M.V. ESL OMAN (IMO No. 9290799) in connection with a maritime claim arising out of total loss of cargo carried by sea. 5. Learned Advocate for the Plaintiff submitted that the Plaintiff had entrusted shipment of cargo consisting of cigarettes packed in 4 x 40’ High Cube Containers to Defendant No.4 – Emirates Shipping Line FZE, who issued Bill of Lading No. EPIRAEESAD262239 dated 22.01.2025 for carriage of the said cargo from Jebel Ali, UAE to Mersin, Turkey. 6. Learned Advocate for the Plaintiff further submitted that the said cargo was shipped onboard a third-party vessel MV ASL BAUHINIA, which sailed from Jebel Ali on 22.01.2025. 7. Learned Advocate for the Plaintiff submitted that during the course of the voyage, on 28.01.2025, a fire broke out onboard the carrying vessel resulting in total destruction of the Plaintiff’s cargo, and thereafter the Defendant No.4 issued a Certificate of Loss dated 06.01.2026, certifying that the cargo shipped under the aforesaid Bill of Lading had suffered total loss. 8. Learned Advocate for the Plaintiff submitted that the invoice value of the cargo amounts to AED 1,729,863.68, equivalent to Rs.4,33,69,164.10, and despite repeated demands the Defendants have failed to compensate the Plaintiff for the said loss. 9. Learned Advocate for the Plaintiff further submitted that Defendant No.4 – Emirates Shipping Line FZE is a Non-Vessel Owning Carrier (NVOCC) and is a group company of Defendant No.2 – Peter Doehle Schiffahrts-KG, which is the majority shareholder and controlling entity of Defendant No.4. 10. 9. Learned Advocate for the Plaintiff further submitted that Defendant No.4 – Emirates Shipping Line FZE is a Non-Vessel Owning Carrier (NVOCC) and is a group company of Defendant No.2 – Peter Doehle Schiffahrts-KG, which is the majority shareholder and controlling entity of Defendant No.4. 10. Learned Advocate for the Plaintiff further submitted that the Defendant Vessel M.V. ESL OMAN is beneficially owned, managed and commercially controlled by Defendant No.2 through its group corporate structure, though the registered ownership stands in the name of Defendant No.3 – Linda Shipinvest GmbH & Co KG, which is a sister/subsidiary entity of Defendant No.2. 11. Learned Advocate for the Plaintiff submitted that the Plaintiff’s claim is a maritime claim within the meaning of Section 4(1)(f) of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, being a claim arising out of loss of goods carried by sea. 12. Learned Advocate for the Plaintiff submitted that the present action is maintainable in rem against the Defendant Vessel under Sections 5(1)(a) and 5(1)(b) of the Admiralty Act, 2017, as the Defendant Vessel is beneficially owned and controlled by Defendant No.2, who is the parent company of the Carrier responsible for the loss of the Plaintiff’s cargo. 13. Learned Advocate further submitted that the Defendant Vessel is expected to call at Mundra Port today, but currently the vessel is in Hazira Port within the territorial waters of India and unless the Defendant Vessel is arrested, the Plaintiff will be left without security for its maritime claim. 14. I have heard Learned Advocates for the Plaintiff and also perused the averments made in the plaint and the documents produced along with the plaint. 15. Prima facie it appears that the Plaintiff has made out a maritime claim under Section 4(1)(f) of the Admiralty Act, 2017 arising out of loss of cargo carried by sea and that the Defendant Vessel is liable to be arrested under Section 5 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017. 16. In these circumstances, the Plaintiff has made out a prima facie case for arrest of the Defendant Vessel. 16. In these circumstances, the Plaintiff has made out a prima facie case for arrest of the Defendant Vessel. Hence the following order is passed : ORDER (a) Upon hearing learned advocate Mr.Pankeet P. Aundhiya for the Plaintiff and upon the Plaintiff giving an undertaking in writing to pay such sums by way of damages as this Court 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 shall issue a Warrant for the arrest of the Defendant Vessel M.V. ESL OMAN (IMO No. 9290799) along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furniture and all appurtenances. (b) The Warrant of Arrest shall be executed at any time of the day or night including Sundays and holidays. (c) The Port Officers of Mundra Port and Hazira Port and the Customs Authorities at Mundra Port and Hazira Port are directed to arrest, detain and keep under arrest the Defendant Vessel M.V. ESL OMAN (IMO No. 9290799) if found within the territorial waters of India until further orders of this Court. (d) In the event the Defendants or any person interested in the Defendant Vessel deposits before this Court a sum of Rs.4,33,69,164.10 (Rupees Four Crore Thirty Three Lakh Sixty Nine Thousand One Hundred Sixty Four and Paise Ten Only) together with further interest at the rate of 12% per annum from the date of suit till realization, the Warrant of Arrest shall not be executed. (e) The Registry is directed to communicate this order to the Port Officers and Customs Authorities at Mundra Port and Hazira Port at following email addresses: Mundra Port – 1. Sujal.shah@adani.com 2. Manoj.katar@adani.com 3. Customercare.CT@adani.com 4. customercell@adani.com 5. Harpalsinh.Jadeja@adani.com 6. Gaurang.Chudasama@adani.com 7. Pranav.choudhary@adani.com 8. Pushparajsinh.Jadeja@adani.com 9. Bhagwant.Upadhye@adani.com 10. Ashok.Tilwani@adani.com 11. Mahavirsinh.Jhala@adani.com 12. Stevedoring@adani.com 13. portopscenter@adani.com 14. commr-cusmundra@nic.in 15. pomungmb@gmail.com 16. traffic.gmb@gmail.com 17. sachin.srivastava@adan i. Hazira Port – a. Mr. Shahzad Athar Shahzad@adani.com b. Mr. Kashyap Desai kashyap.desai@adani.com c. Mr. Pranav Choudhary Pranav.choudhary@adani.com d. Capt. Jeyaraj Thamburaj Jeyaraj.Thamburaj@adani.com e. Mr. Labhesh Rathod ahppl.ceooffice@adani.com f. Mr. Vivek Singh Vivek.singh@adani.com g. Mr. Labhesh Rathod labhesh rathod@adani.com h. Mr. Anand Marathe Anand.marathez@adani.com i. Mr. Dhiraj Tank Dhiraj.Tank@adani.com j. Mr. Jayesh Chandan Jayesh.Chandan@adani.com k. Mr. traffic.gmb@gmail.com 17. sachin.srivastava@adan i. Hazira Port – a. Mr. Shahzad Athar Shahzad@adani.com b. Mr. Kashyap Desai kashyap.desai@adani.com c. Mr. Pranav Choudhary Pranav.choudhary@adani.com d. Capt. Jeyaraj Thamburaj Jeyaraj.Thamburaj@adani.com e. Mr. Labhesh Rathod ahppl.ceooffice@adani.com f. Mr. Vivek Singh Vivek.singh@adani.com g. Mr. Labhesh Rathod labhesh rathod@adani.com h. Mr. Anand Marathe Anand.marathez@adani.com i. Mr. Dhiraj Tank Dhiraj.Tank@adani.com j. Mr. Jayesh Chandan Jayesh.Chandan@adani.com k. Mr. Mehul Shah Shah.Mehul2@adani.com (f) The Port and Customs Authorities shall act upon an email copy of this order and immediately take steps to effect the arrest of the Defendant Vessel. 17. Notice to the Defendants is returnable on 27.3.2026. 18. It is clarified that the Defendant No.1 Vessel is permitted to carry out cargo operation while remaining under arrest. 19. It is open to the Plaintiff Advocate to communicate the above order by email to the authorities and the Owners/Persons Interested in the Defendant Vessel, Owner and the Port Officers and Customs Authorities at Mundra Port and Hazira Port are directed to act on email message with an ordinary copy of this order. Direct Service today is permitted.