FLOATING SERVICES LTD Vs. MV SAN FRANSCECO DIPALOLA

JUDGEMENT

(1.) This suit has been presented by the plaintiff seeking arrest of defendant No.1-Vessel i.e.M.V."SAN FRANSCECO DI PAOLA" in the following circumstances :

(2.) The case of the plaintiff is that the plaintiff, a Limited Company, incorporated under the laws of United Kingdom and having its address as stated in the cause title, is the owner of defendant No.1-Vessel. It is stated that the said vessel was purchased by the plaintiff from one Audrey Ventures Company on 27.6.2000. That thereafter the plaintiff entered into a Memorandum of Agreement dated 01.07.2003 with defendant No.2 for sale of vessel for a consideration of US$ 4,00,000 and defendant No.2 paid 10% of the said consideration. The expected time of delivery of the vessel was 07.07.2003. However, according to the plaintiff, as defendant No.2 had not paid the entire balance consideration, no delivery was given by the plaintiff. It is further averred that defendant No.1 - vessel was laid up at the port/Harbour of Oostende Port, Belgium since 27.06.2000 and hence, there was no crew on board. The case of the plaintiff is that defendant No.2 clandestinely removed the vessel from the closed basin and sailed the vessel out of the Oostende Port without paying the balance consideration of US$3,60,000. That for this purpose, it is averred, the defendant No.2 utilized a forged bill of sale dated 30.06.2003 and obtained a certificate of registration dated 06.11.2003 issued by the Belize Ship Registry.

(3.) In the circumstances, the plaintiff seeks declaration to the effect that the plaintiff is the sole owner of the vessel and title vests with the plaintiff, that defendant No.2 or any person claiming through the said 2nd defendant does not have any right, title or interest in the vessel and the vessel is required to be restored in lawful possession of the plaintiff. Over and above such a declaration, the plaintiff has also sought a mandatory injunction against defendant no.2 or any other person claiming through the 2nd defendant and being in possession of the vessel, directing them to hand over the possession of the vessel to the plaintiff.