FORAM EXIM LLP Vs. MT BANGLAR AGRAJATRA

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 submitted that in January 2019, the Plaintiff agreed to purchase 1500 MT of RBD Palm Olein from Seller, AAA Oils & Fats Pte Ltd. for USD 570 PMT to be delivered at Deendayal Port, India, that as per Agreement the Vessel was to be nominated by the Seller and the Plaintiff effected the payment of USD 837,900/- via an on-sight L/C through banking channels to the Invoice raised by the Seller, that the Seller nominated the Defendant Vessel, sent shipment of above goods for which the Defendant Vessel through her Agent with the permission of the Master issued Bill of ladings bearing Nos. PG/KAN-27TOPG/ KAN-32 dated 10th February 2019 for a quantity of 245 MT each dated 10th February, 2020 showing the Plaintiff as Notifying Party, that the said Bill of Ladings clearly referred the Charter dated 25th JANUARY 2019 between Bangladesh Shipping Corporation and Nova Carriers (Singapore) Ltd., that the Seller then intimated to the Plaintiff about the shipment and also forwarded the bill of ladings, that upon arrival of the Defendant Vessel at Deendayal Port, discrepancy was found in all tankers, that even joint Survey was carried out us, the Joint survey recorded a shortage of 1.40% qua the Plaintiff which amounts to a deficit of 20.627 MT @ USD 570 PMT, i.e., USD 11,757.39, that the Plaintiff took up the matter with Seller to remedy the losses incurred due to loss of cargo to which the Seller assured repeatedly to take up the issue to the Owner of the Defendant Vessel and to make good for loss of cargo, that then as per oral instructions of the Seller.

(3.) Upon hearing Ms. Paurami Sheth, Learned Advocates for the plaintiff and upon reading the plaint herein declared at Ahmedabad on 30.06.2020 filed by the advocate for the plaintiff herein and the affidavit of Raju Prabhatbhai Desai, Authorised Signatory of the Plaintiff above named affirmed on 30.06.2020 and upon hearing counsel for the plaintiff and upon the Plaintiff giving an undertaking in writing to the Registrar of this Court to pay such sums by way of damages as this Court may award as compensation in the event of the defendants 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 MT Banglar Agrajatra along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furnitures, equipments and all appurtenances, at present lying at Deendayal Port, Kandla 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 Deendayal Port, Kandla do effect the arrest, seizure or detention of the defendant Vessel MT Banglar Agrajatra at present lying Deendayal Port, Kandla within the Indian territorial waters or such other place wherever she may be within the territorial waters of India.