Axiom Global Oil And Gas Trading ... vs Lpg Tanker Anafi(Imo 9411733)
2021 Latest Caselaw 7512 Bom

                                                                       901.comasl.12137-21 & anr.doc

Bhogale


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     ORDINARY ORIGINAL CIVIL JURISDICTION
              COMMERCIAL ADMIRALTY SUIT (L) NO.12137 OF 2021
                                 WITH
                      JUDGE'S ORDER NO.91 OF 2021
                                  IN
              COMMERCIAL ADMIRALTY SUIT (L) NO.12137 OF 2021

       Axiom Global Oil and Gas Trading DMCC                     .. Plaintif
               vs.
       LPG Tanker Anaf (MO 411733)                               .. Defendant
                                      --------------------
       Mr. Manoj Khatri a/w Mr. Arnab Ghosh for the Plaintif.
       None for the Defendant.
                                      --------------------

                                     CORAM : M.S.KARNIK, J.

                                     DATE      : MAY 28, 2021
                                                (THROUGH V.C.)


       P.C.

Not on board. Upon mentioning taken on supplementary

board at 3.00 p.m.

2. Learned counsel for the Plaintif on instructions seeks time

upto 01.06.2021 to pay the Court fees in respect of the Suit. He

submits that the Plaintiffs representative is presently in Prayagraj.

Because of the lockdown he was unable to immediately arrange

payment of Court fees. Learned counsel for the Plaintif on

instructions undertakes to pay the Court fees on or before

01.06.2021. The statement is accepted as an undertaking to this

Court. The Courts fees to be paid on or before 01.06.2021.

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3. At the outset, the counsel for the plaintif states that the

Registry has produced the Caveat Register, and there is no caveat

against arrest with respect to the Defendant Vessel.

4. The above Suit, along with Judgefs Order, has been moved

ex-parte after ( agreed to grant circulation. The urgent relief sought

is the arrest of the Defendant Vessel as there is an apprehension

that the Defendant No.1 Vessel, and which is currently at

anchorage of the Port of Nhava Sheva, may sail out of the

jurisdiction of this Court tomorrow i.e. 2 th May, 2021. According to

the plaintif, it has an irrefutable claim against the Defendant No.1

Vessel. (f the Defendant No.1 Vessel is permitted to sail, the

plaintif will have no legal recourse whatsoever to recover the

amounts due to it and its security will be lost forever and

eventually these proceedings will be rendered infructuous.

5. Coming to the brief facts, the present suit is for judgment

and decree against the Defendant Vessel and the arrest,

sequestration, condemnation and sale of the Defendant Vessel for

securing and/or satisfying the plaintiffs aggregate claim of USD

374,438.52 Unites States Dollars Three Hundred and Seventy Four

Thousand Four Hundred and Thirty Eight and Fifty Two Cents). The

Plaintif has also claimed interest calculated at the rate of 18 % per

annum from the date of fling of the suit till payment and/ or

realization as per the particulars of claim Exhibit-K). This claim

arises out of having supplied bunkers to the vessel, M.T. Strofades

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a sister/associate vessel of the Defendant. The Plaintif has,

however, remained unpaid in respect of the said bunkers supplied

to the vessel. (t is to recover these unpaid amounts that the

present suit is fled and the above Judgefs Order has been taken

out for arrest of the Defendant Vessel.

6. ( have heard the learned counsel appearing on behalf of the

plaintif and also considered the averments made in the plaint.

Perusing the plaint and the annexures a prima facie case for arrest

of the Defendant Vessel is made out. (n the present case, prima

facie, the claim in the Plaint is a maritime claim. They are dues of

the Plaintif for supplies made to the vessel, M.T. Strofades a sister/

associate vessel. This claim will, therefore, squarely fall within the

meaning of a maritime claim as defned in section 4 1) m) r/w 5 2)

of the Admiralty Jurisdiction & Settlement of Maritime Claims) Act,

2017.

7. (n these circumstances, ( fnd there is no doubt that

there is a cause of action in favour of the Plaintif and that the

Defendant No.1 Vessel being at Nhava Sheva anchorage is

within the admiralty jurisdiction of this Court. The Plaintif has

made out an ample prima facie case. The balance of

convenience lies with the plaintif to whom, in my view,

almost irreversible prejudice would be caused if reliefs were to

be denied.

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8. Accordingly, ( order and direct the arrest of the Defendant

No.1 Vessel, LPG TANKER ANAFI (IMO 9411733) along with her

hull, engines, gears, tackles, bunkers machinery, apparel, plant,

furniture, fxtures, appurtenances and paraphernalia, plant and

machinery at present at anchorage at the Port of Nhava Sheva or

wherever she is within the territorial waters of this Honfble Court

until the satisfaction of the plaintiffs claim.

. As mentioned earlier, there is also a Judgefs Order. ( have

seen the Judgefs Order and it seems to me to be in the proper form

and with the appropriate contents. ( accept the undertakings

contained in the Judgefs Order as undertakings to the Court. (

therefore make an order in terms of the Judgefs Order in the facts

and circumstances of the present case and is signed separately.

10. The plaintif is at liberty to forward a copy of the

communication from the ofce of the Sherif of Mumbai along with

a copy of this order by Fax/email/hand delivery/ RPAD to the Port

and Customs authorities.

11. The plaintiffs advocate undertakes to serve the warrant of

arrest on the Defendant Vessel and other concerned authorities

within a period of eight 8) weeks from today. The undertaking is

accepted.

12. After service of this order of arrest, if the arrested vessel is

not released by furnishing security or bail amount within eight 8)

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weeks of service, or an application for vacating the order of arrest

is not fled, or the vessel is found abandoned by the person in-

charge of the vessel or owner, or is found unmanned, then, in such

an event, on an application being made by the plaintif, the ofce

of the Sherif of Mumbai shall present a Sheriffs report for

auctioning the vessel within fourteen 14) days from the date of

receiving communication from the plaintiffs advocate or from the

date of knowledge of abandonment of vessel.

13. The Plaintif is at liberty to forward a copy of the

communication from the ofce of the Sherif of Mumbai along with

a copy of this Order by Fax/email/hand delivery/ RPAD to the Port

and Customs Authorities.

14. This order shall be digitally signed by the Private

Secretary/Personal Assistant of this Court. All concerned shall act

on production by fax or e-mail of a digitally signed copy of this

order.

15. Along with the Afdavit in support of Judgefs order the soft

copy of the undertaking given on behalf of the Plaintif is enclosed.

Learned counsel for the Plaintif on instructions submits that the

Plaintif will abide by this undertaking and the same be treated as

an undertaking to this Court. He further submits that the original

undertaking will be furnished to the Registry of this Court on or

before 08.06.2021. The statement is accepted.

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16. List the matter on 08.06.2021.

(M.S.KARNIK, J.)

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