ING BANK NV Vs. MV DIAMOND

JUDGEMENT

(1.) Upon a mentioning made by learned advocate Ms.Paruami B. Sheth at 11.00 P.M. and having regard to the urgency shown, the captioned Admirality Suit was permitted to be circulated in the first session. Accordingly, the Registry notified the same by preparing separate board. The Suit was taken up for hearing in the first session.

(2.) The case of the plaintiff from the averments made in the plaint on oath inter alia is that the defendant -Vessel which is a foreign, sea going vessel, flying the flag of Panama identified as its IMO:9244219 is indebted to the plaintiff for a principal amount of USD 237,254.60 plus interest and administrative costs amounting to USD 145,935.37 from due date of invoice till date and USD 20,000 for cost of litigation in India aggregating USD 403,189.97 with further interest at the rate of 3% per month which is in the nature of maritime claim.

(3.) Learned advocate for the plaintiff invited attention of the Court to the sales confirmation order (Annexure B, page 30) with regard to MT Feuloil 180 - CST 3,5% with the quantity referred in the sales confirmation order. The said Bunkers were supplied to the defendant -Vessel and invoice dated 2nd October, 2014 (page 34) was issued. It is stated that out of the said due sum, part payment is received. It is the case that despite demand letters, the defendant has not paid the said remaining dues to the extent of USD 237,254.60 which is a maritime claim.