Calcutta High Court
Commodity Culture Pte Ltd vs M. T. Sea Gull 9 (Imo No. 9175092) on 18 July, 2022
CD-7
IN THE HIGH COURT AT CALCUTTA
Admiralty Jurisdiction
ORIGINAL SIDE
IA NO. GA/1/2022
In T/26/2022
COMMODITY CULTURE PTE LTD.
Vs
M. T. SEA GULL 9 (IMO NO. 9175092)
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 18th July, 2022.
Appearance:
Mr. Jishnu Chowdhury, Adv.
Mr. Ratul Das, Adv.
Mr. Dwip Raj Basu, Adv.
...for the plaintiff
Mr. Saunak Mitra, Adv.
Mr. Pabitra Dutta, Adv.
Mr. Souvik Kundu, Adv.
Mr. Pranit Bag, Adv.
Mr. Santosh Kr. Roy, Adv.
Ms. Sannoyee Chakravorty, Adv.
...for the KoPT
The Court:- By an order dated 7 th July, 2022 this Court had ordered arrest
in respect of the defendant vessel.
By the said order, the defendant was also granted liberty to deposit a sum
of USD 6,33,250/- as security with the Registrar, Original Side of this Court in
order to enable the subject vessel to sail. By an order dated 8 th July, 2022, (due
to an inadvertent accidental omission) the figure of USD 6,33,950 was modified
to USD 9,35,000.
Thereafter, the matter had appeared on 14 th July, 2022 when the
Advocates for the defendant vessel had pointed out that there was an issue in
respect of furnishing security in US Dollars before the Registrar, High Court. By
the order dated 14th July, 2022, primarily on the ground that the vessel had
been arrested, this Court had permitted the defendant vessel to put in the
security in the form of Indian Currency i.e., Rs.7,38,19,092/- which had also
been pleaded in paragraph 29 of the Affidavit in support.
It is submitted on behalf of the defendant vessel that a bank draft for an
equivalent amount of Rs.7,38,19,092/- has been prepared. The same is handed
over to the Marshal in Court for deposit with the Registrar, Original Side who is
directed to put in the same in an interest bearing account with a nationalized
bank forthwith.
It is submitted by Mr. Chowdhury appearing on behalf of the plaintiff that
there is a risk of the plaintiff being deprived in view of any currency fluctuation
from date till the time the final decree is passed.
Mr. Chowdhury fairly submits that the Advocates appearing on behalf of
the defendant vessel should take necessary instructions for replacing the
amount in Indian Currency with a bank guarantee in US Dollars by way of a
suitable instrument. He also relies on an unreported judgment of the Bombay
High Court dated 12th November, 1992 in Admiralty Suit No. 22 of 1992.
In my view, the claim of the plaintiff ought to have been more
appropriately secured in US Dollars. In view of the aforesaid, the Advocates
appearing on behalf of the defendant vessel are directed to take necessary
instructions to replace the amount lying with the Registrar, Original Side in
terms of this order with a suitable bank guarantee in US Dollars or any other
form of security whereby the plaintiff's claim can be secured in US Dollars.
A direction is also issued on the Registrar, Original Side to take necessary
steps forthwith for opening of a FCNB Account or any appropriate account
wherein deposits and payments may be made in US Dollars to be maintained by
this Court.
This order is passed without prejudice to the rights of the defendant vessel
that the suit is not maintainable and without admitting any liability in respect of
the claim of the plaintiff.
In view of the compliance with the order dated 7 th July, 2022 the Marshall
is directed to intimate all necessary parties statutory and otherwise that the
vessel be released. Such communication by the Marshall is permitted by way of
fax or e-mail.
Liberty is also granted to the Advocate on behalf of the parties to
communicate this order to all concerned authorities who are directed to act on
the basis of the same.
The KOPT is represented.
It is needless to mention that all the legitimate dues of the KOPT shall be
paid by the defendant vessel in accordance with law.
Let this matter appear on 25 July, 2022.
The Affidavit of Competency filed on behalf of the defendant be kept with
the records. The defendant is granted leave to file Vakalatnama in the
Department.
(RAVI KRISHAN KAPUR, J.)
TO
