KENIVAS SHIPPING Vs. AWB GAL CONSTRUCTOR

JUDGEMENT

(1.) Mentioned. Not on Board.

(2.) The present matter was mentioned at 11:00 a.m. for urgent relief. However, the Registry has informed me that there is a Caveat against arrest of the defendant-vessel in the Caveat Warrant Book. The plaintiff was directed to serve notice upon the defendant. Pursuant to service of notice, the matter was taken up at 2:30 p.m. Despite service, none have appeared for the defendant. Even otherwise, the Caveat fled is for furnishing security upto Rs.10 lakhs and the present claim of the plaintiff is for Rs.11,95,240.14 plus interest @ 18% per annum. Hence taking into consideration these two factors, despite the Caveat, I have decided to grant circulation for arrest of the defendant-vessel.

(3.) 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 by tonight. According t o 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. It is in this light that the present Judge's Order has been moved before me today.