Gujarat High Court
Stx Service Europe B.V. vs Sam Hawk (Imo No. 9637416) on 22 February, 2021
Bench: Biren Vaishnav
C/AS/28/2020 ORDER
IN THEHIGHCOURTOF GUJARATAT AHMEDABAD
R/ADMIRALTYSUITNO. 28 of 2020
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STXSERVICEEUROPEB.V.
Versus
SAMHAWK(IMONO. 9637416)
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Appearance:
DHRUVTOLIYA(9249)for the Defendant(s)No. 1
MS PAURAMIB. SHETH(841)for the Plaintiff(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date: 22/02/2021
ORALORDER
1. Learned Advocate Ms. Paurami Sheth submitted that the Plaintiff
has filed the present Suit and sought decree for principal amount of
amount of Euro 32,475.66 and USD 20,651.05 inclusive of interest
till the date of filing of suit and cost of litigation aggregating Euro
32,475.66 and USD 35,651.05 with further interest at the rate of
10% per month on the principal claim of Euro 17,969.12 and USD
14,750.75 from date of suit till its realization as per particulars of
claim related to outstanding dues for the supply made to the
Defendant Vessel.
2. Learned Advocate Ms. Paurami Sheth further submitted that by
order dated 22.07.2020, this court directed to arrest the Defendant
Vessel in the present Suit. Later on, this Court passed orders for
sale of the Defendant Vessel, then sold the Defendant Vessel for a
sum of USD 10,650,000.00 to M/s. Lavera Shipping Inc. vide order
dated 07.08.2020 and directed that the sale proceeds be retained
with the Registry.
C/AS/28/2020 ORDER
3. Ms. Sheth also submitted that after the Defendant Vessel was sold
and sale proceeds were deposited with the Registry, the Defendant
Vessel appeared through her erstwhile Owner, SPV Sam Hawk Inc.
and filed written statement dated 20.07.2020 admitting liability of
the principal amount with respect to the Defendant Vessel to the
tune of principal amount of Euro 17,969.12 and USD 14,750.75
and further stated that the same may be decreed with reasonable
rate of interest. In view of such admission, Ms. Sheth submitted
that since the Owner of the Defendant Vessel admitted its liability
with respect to the Defendant Vessel to the tune of principal
amount of Euro 17,969.12 and USD 14,750.75 with reasonable rate
of interest, decree on admission may be passed in favour of the
Plaintiff and against the Defendant Vessel and her erstwhile
Registered Owner for principal amount ofEuro 17,969.12 and USD
14,750.75with interest of Euro 1739.91 and USD 624.84calculated
at the rate of 12% p.a. respectively from due date of Invoice till
date of filing Suit aggregating Euro 19,709.03and USD
15,375.59together with cost of litigation with further interest on
Euro17,969.12 and USD 14,750.75at the rate of 12% p.a. from date
of filing Suit till realization.
4. Learned Advocate Mr. Dhruv Toliya appearing for the erstwhile
registered owner of the Defendant Vessel SPV Sam Hawk Inc.,
has no objection for decree being passed in favour of the Plaintiff
for the principal amount of Euro 17,969.12 and USD 14,750.75
with interest of Euro 1739.91 and USD 624.84 calculated at the
rate of 12% p.a. respectively from due date of Invoice till date of
filing Suit aggregating Euro 19,709.03 and USD 15,375.59
together with cost of litigation with further interest on Euro
C/AS/28/2020 ORDER
17,969.12 and USD 14,750.75 at the rate of 12% p.a. from date of
filing Suit till realization and also requests this Court to pass a
decree on admission in favour of the Plaintiffs.
5. Heard the learned counsels for the parties.
6. Considering the submissions advanced by the learned Advocates
for the respective parties and upon perusal of the documents
annexed by the Plaintiff in support of its claim and in view of the
admissions of the Registered Owner of the Defendant Vessel, it is
evident that Plaintiff has made out a case for grant of decree on
admission in its favour. Consequently, no purpose would be
achieved by leading oral evidence as from the pleadings and
materials on record and directing the Plaintiff to undergo a full-
fledged trial would be grossly unfair and there is no compelling
reason for the same especially when the erstwhile Registered
Owner of the Defendant Vessel has admitted its liability inthe
Written Statement (Para 4&5).
7. Even otherwise this Court is of the opinion that it may on its
motion pass a decree in favour of the Plaintiff on the basis of the
admission of the Plaintiff's Claim in its entirety in its Written
Statement in [Paras 4&5]of M/s. SPV Sam Hawk Inc., the
erstwhile Registered owners of the Defendant vessel even though
the Plaintiff has not made its application under Order XII Rule 6 of
the Code of Civil Procedure, 1908 while exercising the powers of
the Court under Section 151 of the Code of Civil Procedure, 1908.
In view of the same, a case has also been made out for passing a
judgment/decree in favour of the Plaintiff on basis of the said
admissions.
C/AS/28/2020 ORDER
8. The present suit is decreed as below:
That there be an order and a decree in favour of the Plaintiff
and against M.V. SPV Sam Hawk (IMO No. 9637416) and
her owners, SPV Sam Hawk Inc. for Euro 19,709.03 and
USD 15,375.59 (principal amount of Euro 17,969.12 and
USD 14,750.75 with interest of Euro 1739.91 and USD
624.84) which is inclusive of interest till the date of filing of
the Suit together with further interest on at the rate of 12%
p.a. on Euro 17,969.12 and USD 14,750.75, from the date of
the filing of the suit till the date of decree and further interest
on Euro 17,969.12 and USD 14,750.75 at 12% p.a. from the
date of decree till date of payment and/or realisation and
further order.
There shall be no order as to costs.
(BIRENVAISHNAV,J)
*** VATSAL
