RUSHAB SHIP INTERNATIONAL LLC Vs. BUNKERS ONBOARD

JUDGEMENT

(1.) BY the above Suit, the Plaintiff – Rushab Ship International LLC – seeks arrest, sequestration, condemnation and sale of the bunkers on board Defendant No.2 - M.V. African Eagle and arrest and deposit of freight due for transportation of cargo laden on Defendant No. 2 at the port of Mumbai, for securing the Plaintiff's claim in arbitration proceedings for a sum of US $ 816,531.22 and accrued interest of US $ 9684.96 and cost in the sum of US $ 826,216.18 for the present proceedings. The Plaintiff has undertaken to invoke arbitration under the Charterparty Agreement dated 16th March 2012. In the meanwhile, as the Defendant No.2 vessel has entered the Mumbai Port, the Plaintiff has filed the present action seeking security for the arbitration.

(2.) A Judges Order being No. 07 of 2013 was moved before this Court on 7th January 2013, when this Court passed an order for arrest of Bunkers on board the Defendant No.2 vessel M.V. African Eagle along with freight due for transportation of cargo laden. The Defendant No.3 has now moved an application to vacate the said order of arrest of Bunkers on board the Defendant No.2 along with the freight due for transportation of cargo laden.

(3.) ACCORDING to the Plaintiff, by a Charterparty dated 16th March 2012, the Plaintiff chartered the vessel M.V. Don Raul to Defendant No. 3 i.e. Bulk Ship Management S.E.A., a Company incorporated under the laws of the Republic of Malaysia. Under clause 5 of the said Charterparty, hire charges were payable 15 days in advance. Furthermore, under clause 43, Defendant No. 3 was not entitled to withhold any disputed amounts of hire under any circumstance.