MAKRO DENIZCILIK YE GEMI Vs. M.V. INFINITY

JUDGEMENT

(1.) Learned Advocate Ms. Paurami Sheth mentioned this matter for urgent circulation today. The permission is granted for urgent circulation and suit is taken up for hearing for urgent interim orders.

(2.) Learned Advocate Ms. Paurami Sheth submitted that the owner of Defendant No. 1 Vessel approached the Plaintiff for providing management services and agreed to appoint the Plaintiff as their Ship Manager, that for the purpose standard Ship Management Agreement dated 23.01.2013 has been executed between the Plaintiff and the Owner, Defendant No. 2, that under the said Agreement, the Plaintiff arranged for Seafarers on board the Defendant No. 1 Vessel as per the details mentioned in chart annexed with particulars of claim by hiring them under individual written contract on behalf of the Owner, Defendant No. 2, that initially the Seafarers were paid the amount towards certain expenses etc. and wages for few months but subsequently Defendant No. 2 became irregular in payment of wages of Seafarers and also not paid management fees, that the Plaintiff had to take care of crew management under contract and all Seafarers were also employed on Board with the assistance of the Plaintiff and hence the Plaintiff remained middle person for the wages and other requirement of Seafarers, that all the Seafarers have authorized the Plaintiff to initiate the actions on their behalf for their unpaid wages, that the Plaintiff has also provided managerial services for Defendant No. 1 Vessel for which it has raised invoices but did not receive the payment or any part thereof as a result the said amount remains unpaid as per particulars of claim, that a combined suit is filed for wages of Seafarers appointed through the Plaintiff as well its management fees as the cause of action arises out of a common agreement and/or same acts and transactions. She further submitted that the Plaintiff repeatedly requested to Defendant No. 2 to pay wages of Seafarers and its management fees and also sent Notice/letter dated 05.09.2016 through Mail to which Defendant No. 2 responded vide letter dated 19.12.2016 whereby he acknowledged the unpaid wages of the Seafarers and management Fees of the Plaintiff , that Defendant no. 2 is not likely to pay the said amount and hence interalia prayed for arrest of Defendant No. 1 Vessel.

(3.) Upon hearing Ms. Paurami Sheth, Learned Advocate for the plaintiff and upon reading the plaint herein declared at Ahmedabad on 10.04.2017 filed by the advocate for the plaintiff herein and the affidavit of Mr. Vilas Sureshbhai Dataniya, Constituted Attorney of the Plaintiff above named affirmed on 10.04.2017 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, M.V. INFINITY (IMO No. 8115215) along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furnitures, equipments and all appurtenances, at present lying nearby Valsad Port and under supervision/control of Port Officer, Alang/Bhavnagar, Defendant No. 3 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 ALANG do effect the arrest, seizure or detention of the defendant Vessel M.V. INFINITY at present lying nearby Valsad Port and under supervision/control of Port Officer, Alang/Bhavnagar, Defendant No. 3 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 an amount of USD 614,570.00 together with further interest thereon on the entire amount at the rate of 12% p.a. from date of suit until payment as per particulars of claim, the said Warrant of Arrest shall not be executed against the defendant Vessel M.V. INFINITY at present lying nearby Valsad Port and under supervision/control of Port Officer, Alang/Bhavnagar, Defendant No. 3 within the Indian territorial waters.