Cockett Marine Oil Dmcc vs Uv Kamrup (Imo No. 8218108) And Anr
2022 Latest Caselaw 5662 Bom

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                       ADMIRALTY AND VICE ADMIRALTY JURISDICTION

                                         INTERIM APPLICATION (L) NO. 17866 OF 2022

                                                            IN

                                        COMMERCIAL ADMIRALTY SUIT NO. 39 OF 2021



                      Cockett Marine Oil DMCC                  ...      Applicant/ Plaintiff
                               vs.
                      MV Kamrup and Anr.                       ...      Respondents /Defendants


                      Mr. Shyam Kapadia a/w. Mr. Dhruva Gandhi and Mr. Naishadh Bhatia i/b.
                      M/s. Crawford Bayley & Co. for the Plaintiff.
                      None for the Defendant.
                                                               CORAM : A. K. MENON, J.

DATED : 21st JUNE, 2022 P.C. :

1. This interim application seeks summary judgment and decree in favour

of the applicant against sale proceeds of defendant no. 1 vessel which are

lying deposited in this court pursuant to orders of this court dated 6 th April,

2021. At the outset I may observe that defendant no. 2 was represented this

morning by counsel who stated that he had no instructions from his client

and was seeking a discharge. Discharge was declined since vakalatnmama

continues to be on record and the applicant is seen to have served on 7 th June,

2022. Matter was accordingly kept back in order to enable him to obtain RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI 1/4 RAMESH PILLAI Date: 2022.06.22 9-COMAS-39-2021-IAL-17866-2022.odt rrpillai 16:32:25 +0530 instructions. Even on second call the Advocate for defendant no. 2 is absent. I

have therefore proceeded to hear the application.

2. Mr. Kapadia on behalf of the applicant has invited my attention to the

actual basis of the claim and that the defendant no. 2 had contacted the

plaintiff for supply of 12 KL of bunker fuel to defendant no. 1 vessel. This

was accordingly supplied on 23 rd March, 2019 and for which supplies the

plaintiffs have raised invoice of USD 16,160. The copy of the invoice is

annexed at Exhibit D to the plaint and it mentions the name of defendant no.

1 vessel as the recipient of fuel of specified quantity and price under the

invoice dated 1st April, 2019. The due date of the invoice was 24 th May, 2019.

3. My attention is invited to the terms and conditions of the supply which

contained provisions for payment under clause 12, which includes legal costs

under clause 12.7. It is case of the plaintiff that he is entitled to interest as

well as legal costs in terms of the conditions of supply. The supply is not

disputed inasmuch as the receipt of the fuel is admitted and liability to pay is

acknowledged by defendant no. 2's email dated 14 th August, 2019 copy of

which is at Exhibit D to the interim application. The acknowledgment is

unconditional. Even thereafter it appears that as late as 7 th January, 2020 the

Managing Director of defendant no. 2 who acknowledged liability and

promised to settle account in two installments first of which was due on 21 st

January,2020 and second on 31 st March, 2020. The first installment was

promised of USD 1,75,000 which includes amount of USD 16160 due under

9-COMAS-39-2021-IAL-17866-2022.odt rrpillai the present interim application. Exhibit D to the interim application also

being email dated 14th August, 2019 also includes enclosure setting out the

contents of the email dated 8th August, 2019 addressed to the Managing

Director of defendant no. 2 which sets out break up of various amounts due

amounting to USD 6,43,694.25. The amount of USD 16,160 is shown against

the name of defendant no. 1 vessel. No amount was however paid.

4. There is no dispute as to the fact that there is an unconditional

acknowledgment to pay the amount claimed. There is no reply to the interim

application and today the learned counsel for the defendant no. 2 has

categorically stated he has no instructions from his clients. In these

circumstances I find no reasons to decline relief. Plaintiff is entitled to a

judgment and decree. Accordingly, I pass the following order :

(i) Interim application is made absolute in terms of prayer clause (a)

which reads as follows :

(a) Pass a summary judgment and decree in favour of the Applicant

against the sale proceeds of Defendant No. 1 Vessel, which sale proceeds

have been deposited with this Hon'ble Court pursuant to Order dated 6 th

April, 2021 in the sum of USD 27,685 ( a detailed break-up of which is

provided in the Particulars of Claim annexed at Exhibit H to the Plaint)

along with further interest at the rate of 2% p.a. from the date of

institution of the Suit till payment and/or realisation.

9-COMAS-39-2021-IAL-17866-2022.odt rrpillai

(ii) Defendants shall also pay costs of the suit,

(iii) Suit is disposed in the above terms.

(A. K. MENON, J.)

9-COMAS-39-2021-IAL-17866-2022.odt rrpillai