SAPURA DANA SPV PTE. LTD. Vs. BARGE SAPURA

JUDGEMENT

(1.) Sapura Dana SPV PTE.Ltd.("Sapura Dana"),the registered owner of Barge Sapura 2000 (MMSI No.533130084), the defendant - vessel, has preferred this application seeking a declaration that the order of arrest of the defendant - vessel dtd. 29/4/2020, was wrongfully obtained and for refund of the security of Rs.1,48,35,823.75 deposited by the applicant on 30/4/2020 for the release of the defendant - vessel, alongwith the interest accrued thereon.

(2.) Background facts leading to this application can be stated in brief as under:

(3.) On the first count, the applicant contends, there was no contractual or other jural relationship between the plaintiff and the defendant - vessel and/or its registered owner. In the absence of a claim against the Sapura Dana in personam the plaintiff could not have proceeded against the defendant - vessel in rem. Nor there is any material to show that Sapura Offshore acted on behalf of or with the authority of the defendant - vessel. The liability, if any, to the plaintiff is that of Sapura Offshore and not the registered owner of the defendant - vessel. In any event, the services purportedly rendered by the plaintiff were for the benefit of the project and not for the defendant - vessel. Consequently, the purported dues do not fall within the ambit of the definition of maritime claim.