CRYSTAL MARINE SOLUTIONS Vs. 1 CREST MERCURY ONE

JUDGEMENT

(1.) At the outset, the counsel for the plaintiff states that the Registry has produced the Caveat Register, and there is no caveat against arrest with respect to the defendant vessel.

(2.) The above Suit, along with Judge's Order, has been moved ex-parte after I agreed to grant circulation. The urgent relief sought is the arrest of the defendant vessel as there is an apprehension that the defendant vessel, and which is currently at anchorage of the Port of Mumbai, may sail out of the jurisdiction of this Court tonight. According to the plaintiff, it has an irrefutable claim against the defendant vessel. If the defendant vessel is permitted to sail, the plaintiff will have no legal recourse whatsoever to recover the amounts due to it and its security will be lost forever and eventually these proceedings will be rendered infructuous.

(3.) Coming to the brief facts, the present suit is for judgment and decree against the defendant vessel and the arrest, sequestration, condemnation and sale of the defendant vess3el for securing and/or satisfying the plaintiff's aggregate claim of Rs.30.61,360/-. This includes the principal outstanding claim amounting to a sum of Rs.25,60,066/- along with interest at the rate of 18% per annum amounting to Rs.3,01,294/- from the due date of each invoice and further interest @ 12% per annum till its realisation, cost of litigation in India amounting to Rs.2,00,000/- plus poundage as per the particulars of claim (Exhibit-F). This claim arises out of having supplied necessaries to the defendant vessel at the request of defendant No.2 (Manager of the vessel) and which services were rendered to the faith and credit of the defendant vessel. The defendant vessel has used and/or benefitted from the said necessaries supplied by the plaintiff. The plaintiff has, however, been only partly paid in respect of the said necessaries supplied which were necessary for operation of the defendant vessel. It is to recover these unpaid amounts that the present suit is filed and the above Judge's Order has been taken out for arrest of the defendant vessel.