NORDIC MARITIME Vs. MT AL JABIRAH

JUDGEMENT

(1.) Learned Advocate for the plaintiff 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 Plaintiff has filed present suit and seeking arrest for securing a maritime claim in execution and satisfaction of decree of two London arbitral awards culminated into a decree that has been passed by an English court vide order dated 05.02.2020 in favor of the Plaintiff, that though the Defendant Vessel is presently owned by one Miraj International Navigation Co Ltd, with effect from 10.03.2020 and prior to same by one Bihar International Ltd from 28th March 2007 for all purposes the Defendant Vessel is beneficially owned by Bakri Bunker Trading Co Ltd., that right from the beginning, under the ownership of Bihar International Ltd and till date, she is managed by one Red Sea Marine Services LLC, that Red Sea Marine Services LLC and Bihar International Ltd both are both subsidiary companies of one Bakri Bunker Trading Co Ltd. Similarly, that one Red Sea Marine Services Ltd (initially known as Red Sea Marine Services (Cyprus) Ltd and now known as Konooz Sea Marine Management Ltd) is also a subsidiary of Bakri Bunker Trading Co Ltd., that Red Sea Marine Services Ltd usually takes care of the requirements of the Defendant Vessel and other vessels of the Bakri Group, including technical management services, that Red Sea Marine Services Ltd. approached the Plaintiff to provide technical consultancy services to the vessels including the Defendant Vessel for the faith and credit of the respective vessels all own beneficially by Bakri Bunker Trading Co Ltd., that on the basis of assurance of payment by the Owners/ Beneficial Owners from Red Sea marine services the Plaintiff provided the services which were acknowledged by the respective vessels and their owners/beneficial owner for which the Plaintiff raised invoices from time to time, that since no payment was received, the Plaintiff initiated arbitration proceedings in London against Red Sea Marine Services Ltd. as per the respective technical consultancy agreements and lodged its statement of claim, that Red Sea Marine Services Ltd resisted the said claim and also filed its counterclaim, that by an award dated 21.06.2019, the arbitral tribunal passed in favor of the Plaintiff for each vessel and rejected the counterclaims of Red Sea Marine Services Ltd. that the arbitral tribunal awarded the costs of the arbitration, including Plaintiff's arbitration costs and costs of the arbitral tribunal including costs of the final arbitration award by a separate Costs Award on 21.10.2019, that in all, the Plaintiff became entitled to costs of GBP 244,050.93 together with interest on the said sum calculated at the rate of 5% per annum compounded with three monthly rests from 21.06.2019 till payment is made, that both the Awards were served on Red Sea Marine Services Ltd. and intimation was provided by the Chairman of the Plaintiff of service to one Mr. Mohammed Hani Al Bakri, the director of Red Sea Marine Services Ltd., that as per the requirements of section 66 of the English Arbitration Act, the Plaintiff filed the Final Arbitration Award and Costs Award before English Court, that the said awards have been culminated into a decree by order of the English court dated 05.02.2020, that the Plaintiff served the same to all concerned of Defendant Vessel, on 07.02.2020 and in accordance with English law, that service was acknowledged and the Defendants accepted the awards which culminated into decree of the English court, that the Bakri Group is the beneficial owner of all the vessels through Bakri Bunker Trading Co Ltd and various other subsidiary companies, that Bihar International Ltd/Bakri Navigation Ltd changed the ownership of the Defendant Vessel to Miraj International Navigation Ltd. on 10.03.2020 after intimation of order dated 07.02.2020, the date on which the awards and English court decree were intimated to the Bakri Group, that the change of ownership is nothing but an afterthought, that all vessels and their respective registered owners are subsidiaries of Bakri Bunker Trading Co Ltd., that all the registered owners of all the vessels share their addresses with either Red Sea Marine Services Ltd. or Bakri Bunker Trading Co Ltd., that Bakri Bunker Trading Co Ltd is the beneficial owner of all the vessels, including the Defendant Vessel, irrespective of their registered owner being another entity with a different name, that these facts demonstrate that Bakri Bunker Trading Co Ltd. owns, manages, operates and controls the Bakri Group and the companies are all interconnected and operating under the leadership of Bakri Bunker Trading Co Ltd. and all the companies are ultimately owned and financially controlled by Bakri Bunker Trading Co Ltd., that the ownership of the Defendant Vessel per se cannot be considered as changed, which has taken place only after intimation of the Awards culminated into decree by the English court to the Bakri Group entity by the Plaintiff, that the Defendant Vessel is thus beneficially owned by Bakri Bunker Trading Co Ltd, which was also the beneficial owner of all the vessels at the relevant time, i.e. when the claim arose and hence liable for the payment awrded to the Plaintiff culminated into decree, that the Defendant Vessel is likely to sail out of the jurisdiction of this Hon'ble Court, that the Plaintiff has maritime claim 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 18.04.2020 filed by the advocate for the plaintiff herein and the affidavit of Ms. Purvi Shah, Authorised Person of the Plaintiff above named declared on 18.04.2020 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.T. Al Jabirah (I.M.O. 9332042) along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furniture's, equipments and all appurtenances, at present lying at Sikka 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 Sikka Port do effect the arrest, seizure or detention of the defendant Vessel at present lying at Sikka 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 467,523.54 (GBP 373,734.76), plus interest amounting to USD 228,212.50 (GBP 182431.34) from 6th January 2012 till date, cost of arbitration of GBP 244,050.93, plus interest amounting to GBP 10,317.91 from 21st June 2019 till date with further interest at the rate of 5% per annum compounded with three monthly rests on the principal amount of final arbitration award and costs award of GBP 617,785.69 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 Sikka within the Indian territorial waters.