Royale Contiental Services vs M.V. Ocean Turquoise (Imo ...
2023 Latest Caselaw 3115 Bom

                                    502 JOL 8888-23..DOCX

Laxmi
           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            ADMIRALTY & VICE-ADMIRALTY JURISDICTION

                          IN ITS COMMERCIAL DIVISION

                     JUDGE'S ORDER (L) NO. 8888 OF 2023

                                              IN

         COMMERCIAL ADMIRALTY SUIT (L) NO. 8878 OF 2023




ROYALE CONTINENTAL SERVICES                                   .... PLAINTIFF

          VERSUS

M.V. OCEAN TURQUOISE (IMO 9686948)

AND ORS                                                       ..... DEFENDANTS



     Mr. Arnab Ghosh, for the Plaintiff.

     None for the Defendants.



                           CORAM          : B. P. COLABAWALLA, J
                           DATE           : 29 MARCH 2023

P.C.


1.

Mentioned. Not on board, taken on board.

2. At the outset, the Advocate for the Plaintiff states that the

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

against arrest with respect to the Defendant No.1 Vessel.

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3. The above Suit, along with Judge's Order, has been

moved ex-parte after the circulation was granted. The urgent relief

sought is the arrest of the Defendant No.1 Vessel as there is an

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

the Nhava Sheva Port, may sail out of the jurisdiction of this Court

tonight. According to the Plaintiff, it has an irrefutable claim against

the Defendant No.1 Vessel. If the Defendant No.1 Vessel is permitted

to sail, the Plaintiff 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.

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

and decree against the Defendant No.1 Vessel and the arrest,

sequestration, condemnation and sale of the Defendant No.1 Vessel

for securing and/or satisfying the Plaintiff's aggregate claim of Rs. 48,

17,424.00. The Plaintiff has also claimed interest calculated at the

rate of 24 % per annum from the date of filing of the suit till payment

and/ or realization as per the particulars of claim (Exhibit-G). The

claim in the Suit arises out of supplies made and services rendered to

1st Defendant Vessel as well as her sister vessel. The supplies and

services were rendered to the faith and credit of the Defendant Nos. 2

and 3. All the vessels have used and/or benefitted from the said

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services rendered by the Plaintiff. The Plaintiff has, however, been

only partly paid in respect of the said services rendered. The present

Suit is to recover the unpaid amounts for which the present suit is

filed and the above Judge's Order has been taken out for arrest of the

Defendant No.1 Vessel.

5. I have heard the learned counsel appearing on behalf of

the Plaintiff and also considered the averments made in the Plaint.

Perusing the Plaint and the annexures thereto, I am of the opinion

that a prima facie case for arrest of the Defendant No.1 Vessel is made

out. In the present case, prima facie, the claim in the Plaint is a

maritime claim as defined in section 4(1)(l) of the Admiralty

(Jurisdiction and Settlement of Maritime Claims) Act, 2017. The

Plaintiff is entitled to move against the Defendant No. 1 Vessel under

Section 5(2) of the aforesaid Act.

6. I find that there is a cause of action in favour of the

Plaintiff and that the Defendant No.1 Vessel being at Nhava Sheva

port is within the admiralty jurisdiction of this Court. The Plaintiff

has made out an ample prima facie case. The balance of convenience

also lies with the Plaintiff to whom, in my view, almost irreversible

prejudice would be caused if reliefs were to be denied.

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7. Accordingly, I order and direct the arrest of the

Defendant No.1 Vessel-M.V. OCEAN TURQUOISE (IMO 9686948),

along with her hull, engines, gears, tackles, bunkers machinery,

apparel, plant, furniture, fixtures, appurtenances and paraphernalia,

plant and machinery at present at Nhava Sheva port until

satisfaction and/or securing the Plaintiff's claim.

8. I have seen the Judge's Order and it seems to me to be in

the proper form and with the appropriate contents. I accept the

undertakings contained in the Judge's Order as undertakings to the

Court. I therefore make an order in terms of the Judge's Order in the

facts and circumstances of the present case and is signed separately.

9. The Plaintiff is at liberty to forward a copy of the

communication from the office of the Sheriff of Mumbai along with a

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

Customs authorities.

10. After service of this Order of arrest, if the arrested vessel

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

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

not filed, 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

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an application being made by the plaintiff, the office of the Sheriff of

Mumbai shall present a Sheriff's report for auctioning the vessel

within fourteen (14) days from the date of receiving communication

from the Plaintiff's advocate or from the date of knowledge of

abandonment of vessel.

11. The Plaintiff prays for the Warrant of arrest of the

Defendant No. 1 Vessel to be dispensed with. The said request is

accepted.

12. This order will be digitally signed by the Private

Secretary/ Personal Assistant of this Court. All concerned will act on

production by fax or email of a digitally signed copy of this order.

[ B. P. COLABAWALLA, J ].

29 March 2023