GLOBAL INTEGRATED BULKERS PTE. LTD. A COMPANY INCORPORATED UNDER THE LAWS OF SINGAPORE AND Vs. CARGO OF 14,072.337 MTS OF LIMESTONE

JUDGEMENT

(1.) The plaintiff has filed the Judge's Order No. 253 of 2017 inter-alia praying for arrest of the defendant No. 1 cargo of 14,072.337 Mts of limestone, discharged from m.v. DONG TANH presently in the port and harbour at Kolkatta, in the State of West Bengal and seeks a further order that in the event of the defendants depositing in this Court the sum of US$ 332,007.76 together with interest on the principal amount of US$ 282,007.76 at the rate of 12% p.a. from the date of institution of the suit till payment/realization, together with poundage or furnishing a security to the satisfaction of the Admiralty Registrar, High Court, Bombay in the sum of US$ 332,007.76 together with interest on the principal amount of US$ 282,007.76 at the rate of 12% p.a. from the date of institution of the suit till payment/realization etc. the said warrant of arrest shall not be executed against the defendant No. 1 cargo. The plaintiff has filed commercial admiralty suit against the defendants inter-alia praying for an order and decree to pay to the plaintiff a sum of US $ 332,007.76 together with interest on the principal amount and for arrest of the defendant No. 1 cargo. Some of the relevant facts for the purpose of deciding this Judge's Order are as under :

(2.) It is the claim of the plaintiff that the plaintiff is the disponent owner of the vessel m.v. DONG TANH. Dong Do Marine JSC time chartered the vessel to Dooyang Limited. The said Dooyang Limited time chartered the vessel to Amaranthe Shipping Pte. Ltd. The said Amaranthe Shipping Pte. Ltd. time chartered the vessel to Global Integrated Bulkers Pte. Ltd. (defendant No. 1). By a voyage charterparty dated 2nd June, 2017, the plaintiff chartered the vessel m.v. DONG TANH to the defendant No. 2 for carriage of the defendant No. 1 cargo. It is the case of the plaintiff that the plaintiff instructed the head owner of m.v. DONG TANH to issue the original Bill of Lading No.DP/CEB-001 dated 23rd August, 2017 with the defendant No. 2 as the shipper and defendant No. 3 as the consignee. The Bill of Lading incorporated all the terms of the charterparty dated 2nd June, 2017 and bound all holders thereof to the terms of the charterparty.

(3.) It is the case of the plaintiff that on 5th September, 2017, the defendant No. 1 cargo was discharged at Haldia port. It is the case of the plaintiff that an amount of US$ 282,007.76 became due and payable to the plaintiff under the said charterparty dated 2nd June, 2017 which amount was initially due from the defendant No. 2. The defendant No. 3 accepted the Bill of Lading with the knowledge of alleged encumbrance of the plaintiff. On 5th September, 2017, the plaintiff issued a notice of lien upon Haldia port.