SING FUELS PTE LTD Vs. MT GOLDEN NORI

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 as the Defendant Vessel is likely to sail on completion of cargo operations.

(2.) Learned Advocate Ms. Paurami Sheth submitted that on or around 12.03.2018, Stella Tankers (Singapore) Pte Ltd. on behalf of the Defendant Vessel and/or master and/or owners and/or charterers and/or managers and/or operators approached the Plaintiff for supply of 250 Mts of Marine Fuel Oil (380 CST) and 50 Mts of Marine Gas Oil to the Defendant Vessel at Singapore which was supplied by the Plaintiff through physical suppliers via Bunker Delivery Note at Singapore and governed by Plaintiff's General Terms and Conditions of Sale of Bunker Fuel, that the said Bunkers were accepted without raising any protest and/or demur and that the Master/ Chief Engineer of the Defendant Vessel acknowledged receipt of Bunkers by endorsing upon the Bunker Delivery Notes and no protest note was issued for the supplies made, that on 15.03.2018, the Plaintiff issued an Invoice on account of the Defendant Vessel and/or master and/or owners and/or charterers and/or managers and/or operators and/or Stella Tankers (Singapore) Pte Ltd for an amount of USD122,325.26, that Stella Tankers (Singapore) Pte Ltdon behalf of the Defendant Vessel and/or master and/or owners and/or charterers and/or managers and/or operators admitted the liability to pay the outstanding invoices, however, has failed and neglected to make payment of the outstanding invoice despite repeated reminders and assurances, that on 22.05.2018, Stella Tankers (Singapore) Pte Ltd on behalf of the Defendant Vessel and/or master and/or owners and/or charterers and/or managers and/or operators informed the Plaintiff that they were negotiating with the head owners of the Defendant Vessel for making the outstanding payment and further informed on 25.06.2018 that they have discussed with the head owners of Defendant Vessel and the head owners are also of the view that the matter should be amicably settled and also provided the contact details of the head owners stating that they will be in a better position to help the Plaintiff, that the said emails evidence that Stella Tankers (Singapore) Pte Ltd. was acting on behalf of the owners of the Defendant Vessel and the owners admitted the liability, that on 28.06.2018, the Plaintiff addressed emails to KSIM CO LTD i.e. Manager/owner/operator of the Defendant Vessel and requested for an early and amicable resolution of the matter. On 2nd July 2018, they reverted stating that Stella Tankers (Singapore) Pte Ltd as charterers of the vessel were liable to pay, however, requested for the claim documents from the Plaintiff. Despite being provided all the documents, the owners of the Defendant Vessel did not revert on when the claim will be settled, that since no response was forthcoming from the Owners, the Plaintiff on 17.07.2018 put to the owners to notice that if an amicable solution is not agreed upon, the Plaintiff will have no choice but to proceed with full legal action notwithstanding to ship arrest and or all means necessary to recover the amount owned for the fuel supplied to the Defendant Vessel, that in response to the same did not assept the liability but offered very small amount which offer the Plaintiff rejected and put the owners to notice that they will proceed with recoveries which would include arresting the vessels, that on 27.11.2018, the Plaintiff through their Danish Solicitors addressed demand notice to the Manager/owner/operator of the Defendant Vessel demanding payment of the outstanding invoice along with contractual interest, that the bunkers were consumed by the Defendant vessel and the terms and conditions for supply of bunkers provide for contractual lien on the Defendant vessel and as the invoice has still remain outstanding the Plaintiff the Plaintiff has maritime claim, the Plaintiff has hence filed the present suit and interalia prayed for arrest of the Defendant Vessel.

(3.) Upon hearing Ms. Paurami Sheth, Learned Advocate with Mr. Prashant Asher and Ms. Bulbul Singh Rajpurohit Advocates for the plaintiff and upon reading the plaint herein declared at Ahmedabad on 05.12.2018 filed by the advocate for the plaintiff herein and the affidavit of Mr. Rohit Dhulabhai Parmar, Authorised Signatory of the Plaintiff above named affirmed on 05.12.2018 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 GOLDEN NORI (IMO 9151137) along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furnitures, equipments and all appurtenances, at present lying at Deendayal 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 Deendayal Port do effect the arrest, seizure or detention of the defendant Vessel MT GOLDEN NORI at present lying Deendayal 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 the principal amount of USD 122,325.26 plus interest amounting to USD 18,511.89 from due date of invoice till date and USD 20,000 for cost of litigation in India aggregating USD 160,837.15 with further interest at the rate of 2% per month 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 Deendayal Port within the Indian territorial waters.