AQUA MARINE OFFSHORE SERVICES Vs. OWNERS AND PARTIES

JUDGEMENT

(1.) Application No. 5772 of 2013 has been filed by the applicant/plaintiff seeking to grant an order of arrest of the Defendant Vessel DHARTI 24, in as is where is condition, together with her engines, gears, tackles, apparels, equipments, plant, machinery, furniture & fixtures and paraphernalia presently in Indian waters at the Port of Visakhapatnam, or wherever found within the territorial waters of India. Application No. 5922 of 2013 has been filed by the applicant/defendant praying to direct the parties to refer the present dispute to arbitration in terms of the Dispute Resolution clause in the Work Order dated 10.10.2011.

(2.) For the sake of convenience, the parties are referred to as per rankings in the suit.

(3.) It is the case of the plaintiff that the plaintiff - M/s. Aqua Marine Offshore Services is a registered Partnership Firm. They are the registered owner of Boat viz., MV AQUA PRIDE, which is a Multi Utility Survey, Security & Patrolling Boat. The said Boat was built in March 2011 for the plaintiff and it is having a Gross Tonnage of 60 M.T., Net Tonnage of 20 M.T. and Dead weight of 35 M.T. After taking delivery of the said Boat from the Nagapattinam Boat Yard in March, 2011, as a first business venture, the plaintiff entered into a Charter party contract on 10.10.2011 with one M/s. DHARTI DREDGING & INFRASTRUCTURE LTD (hereinafter referred to as 'owner of the defendant vessel'), having its registered and corporate office at Hyderabad. The owner of the defendant vessel issued a Work Order dated 10.10.2011 in favour of the plaintiff. Under the said Work Order, the said Multi Support Vessel/Boat AQUA PRIDE belonging to the plaintiff was hired by the owner of the defendant vessel, for the purpose of utilising it as a Tug for Crew/Manpower transportation, Anchor handling, towing, survey, fuel, Fresh water supply and any other assistance required for the dredgers Dharti 11 and Dharti 24, both owned by the owner of the defendant vessel, for their operations at Kyaukphyu (Myanmar) Port. The place Kyankphyu is a remote Island in Myanmmer with practically no proper infrastructure facilities and is also under military and defence control.