SHIPBUILDING AND GENERAL REPAIRS COMPANY VESTAL COMPANY LIMITED Vs. MV RIVER EX MV SMART 1 EX MV GLOBAL SKY EX ALEKSANDR

JUDGEMENT

(1.) Ship Building and General Repairs Co., Vestalco Ltd.-plaintiff having its office and works at Piraeus in Greece, has filed this Admiralty Suit under clause 32 of the Letters Patent for obtaining decree in the sum of US Dollar 6,84,653 equivalent to Rs. 2,94,39,000/- in favour of the plaintiff and against the defendant and also arrest of MV RIVER EX-MV SMART 1 EX MV GLOBAL SKY EX-ALEKSANDR defendant's vessel together with her engines, machineries, boats and others for the due satisfaction of the decree passed under the suit. The plaintiff has also filed Miscellaneous Civil Application No. 35 of 2000 for interim orders. In support of the contentions, the plaintiff has also filed written submissions.

(2.) As defendants failed to make payment of the said amount and therefore the plaintiff was entitled to recover the said amount being the cost of repairs and overhaul. The plaintiff stated in or around May, 1998 that the defendant vessel arrived at Port of Suez, Egypt. At that time, the plaintiff through their power of attorney moved the President of Suez Court of first instance for preventive attachment/arrest of the vessel M.V. Global Sky flying the flag of St. Vincent and Grenadines and lying in the port and harbour of Suez for security in the sum of US $ 6,17,750 being the cost of repairs. The President of the Court of first instance imposed a preventive attachment / arrest on the defendant vessel on 24.5.1998 vide Preventive Attachment Order No. 45 for security in the sum of US $ 6,17,750 for the maritime debt of the plaintiff. The said order validly served on 26.5.2000.

(3.) Thereafter the plaintiff on 1.6.1998 within eight days of the attachment / arrest being served on the captain filed an action being law Suit No. 36 of 1998 in the court of first instance for recovery of their claim of US $ 6,17,750 (Six lakh seventeen thousand seven hundred and fifty) with interest. The plaintiff sought confirmation of the order of attachment / arrest passed earlier and for sale of the vessel by public auction fixing the conditions for such sale in view of the aforesaid order dated 24.5.1998 continued to operate pursuant to the filing of the suit. On 10.5.2000 the competent judicial court at Suez passed judgement in law Suit No. 36 of 1998 holding that the preventive attachment / arrest ordered on 24.5.1998 being No. 45 of 1998 on the Vessel MV Global Sky was correct and further holding that the first and second defendant to pay to the US $ 6,17,750 plus legal interest from the date of the suit, i.e. 1.6.1998.