GARRETSINTERNATIONAL Vs. M V SAMHAWLIMONO

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 Panther and M.V. SAM Jaguar are also beneficially owned by Shipping Asset Management (SAM) SA, though the registered Owners are shown differently. 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, that in pursuance of the same the plaintiff agreed and confirmed to supply to the defendant Vessel vide Purchase Order Confirmations of various dates on its General terms and Conditions, December, 2017, that the said Bunker Confirmation was duly received and acknowledged on behalf of the Defendant Vessel, her Sister Vessels and their Owners/Beneficial Owners, that the Plaintiff raised invoices and remanded 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 on completion of cargo operations 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 26.03.2020 filed by the advocate for the plaintiff herein and the affidavit of Mr. Sachin Somabhai Patel, Authorised Person of the Plaintiff above named affirmed on 26.03.2020 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 in Arbitration of principal amount of USD 52,307.03 plus accrued interest amounting to USD.6,107.16 from due dates of invoices till 26.03.2020 and USD 19,000 for cost of litigation in India aggregating to USD 77,414.19 with further interest at the rate of 24% per annum on USD 52,307.03 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.