METRON MIDDLE EAST FZE Vs. MT TULIP

JUDGEMENT

(1.) The present Admiralty Suit is filed by the plaintiff to pass an order and decree in favour of the plaintiff and against the defendants in the sum of USD 3,340,900 with interest at the rate of 18% per annum from the date of sum till its realization against the defendants as per the particulars of claim.

(2.) In this Admiralty Suit the Plaintiffshave moved an Application for arrest of the first Defendant vessel MT TULIP which is at Kandla Port, to secure their maritime claim in respect of loss or damage to cargo. moved an Application for arrest of the first Defendant vessel MT TULIP which is at Kandla Port, to secure their maritime claim in respect of loss or damage to cargo. Defendant No 2 is the owner of the Defendant No. 1 Vessel. The Plaintiff is the charterer of the vessel and is in possession of, and holder of all three original Bills of lading covering the entire cargo and confirm and undertakes that the said Bills of Lading have not been endorsed and/or negotiated in favour of the consignee in the bills of Lading or any other party. The Plaintiff confirms, undertakes and warrants that it is the only party entitled to make any claim s against the defendants under the bills of lading. The Defendants appeared on 18 August 2020 and gave an undertaking that the vessel MT TULIP will not sail from Kandla Port without the permission of this Court. This forms part of the order dated 18 August 2020.

(3.) By the order dated 18 August 2020 the By the order dated 18 August 2020 the Plaintiffs were permitted to appoint a Surveyor to go on board the vessel at Kandla Port to inspect the cargo and take samples and prepare a report. Having done this on 21 August 2020, the Plaintiffs have placed on record the Survey Report dated 29 August 2020.