MCMG WORLDWIDE LIMITED Vs. M.V.SAM HAWK

JUDGEMENT

(1.) Learned Advocate Ms Paurami Sheth is permitted to pay Court fees within 3 days from availability of the same.

(2.) Learned Advocate Ms. Paurami Sheth, has submitted that the Defendant Vessel and the vessels M.V. SAM Eagle, M.V. SAM Jaguar, M.V. SAM Lion, M.V. SAM Panther, M.V SAM Wolf and M.V. Nord are beneficially owned by Shipping Asset Management (SAM) SA, though the registered Owners are shown differently. Thus all the Vessels are Sister Ships of the Defendant Vessel. The Vessels M.V. Victoria, M.V. Sea Falcon and M.V. Sea Pheonix were beneficially owned by Shipping Asset Management (SAM) SA until they were sold by them before few months, that the Plaintiff was approached by One Venturi Fleet Management acting on behalf of the Defendant Vessel as well Sister Vessels and/or master and/or owners and/or charterers and/or managers and/or operators for supply of the Goods and materials vide Purchase orders, that in pursuance of the same the plaintiff supplied goods to all the Vessels at different Ports on various dates, that the said goods were duly received and acknowledged on behalf of the Defendant Vessel, her Sister Vessels and their Owners/Beneficial Owners, that the Plaintiff raised invoices and sent reminders for payment, that the Plaintiff has not been paid till date, that the Defendant Vessel is presently at Mundra Port and likely to sail away, that when the maritime claim arose with respect to the Vessels namely M.V. Victoria, M.V. Sea Falcon and M.V. Sea Pheonix, Shipping Asset Management (SAM) SA was beneficial Owner which is also the beneficial Owner of the Defendant Vessel and liable to pay the dues of these three vessels, that the Plaintiff has maritime claim with respect to the Defendant Vessel and her Sister Vessels and also qua the beneficial owner and the present suit is filed for action in rem and interalia prayed for arrest of the Defendant Vessel.

(3.) Upon hearing Ms. Paurami Sheth, Learned Advocate for the plaintiff and upon reading the plaint herein signed at Ahmedabad on 14.05.2020 filed by the advocate for the plaintiff herein and the affidavit of Mr. Raju Prabhatbhai Desai, Authorised Person of the Plaintiff above named affirmed on 14.05.2020 and upon hearing counsel for the plaintiff and upon the Plaintiff giving an undertaking in writing to pay such sums by way of damages as this Court may award as compensation in the event of the defendant sustaining prejudice by this order, I do order that the Registrar of this Court do issue a warrant for the arrest of the Defendant vessel, M.V. Sam Hawk (IMO No. 9637416) along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furniture's, equipments and all appurtenances, at present lying Mundra Port within the Indian territorial waters and that the Warrant of Arrest be executed at any time of the day or night or on Sundays or holidays and I do further order that the Port Officer and the Customs Authorities at Mundra Port do effect the arrest, seizure or detention of the defendant Vessel at present lying at Mundra Port within the Indian territorial waters or such other place wherever she may be within the territorial waters of India and I do further order that in the event of the defendant and/ or those interested in her depositing in this Court for securing and/or satisfying the Plaintiff's claim of principal amount of USD 166,435.83 plus accrued interest amounting to USD 18,770.38 from due date of invoice till 15.05.2020 and cost of litigation aggregating to USD 190,706.21 with further interest at the rate of 24% per annum on USD 166,435.83 from date of suit till its realization as per particulars of claim, the said Warrant of Arrest shall not be executed against the Defendant Vessel at present lying at Mundra Port within the Indian territorial waters.