INDIAN POTASH LIMITED Vs. M.V. LARDOS

JUDGEMENT

(1.) This application is filed by the plaintiff to issue Warrant of Arrest against Defendant No.1 Vessel M.V. LARDOS (IMO 9550280) along with her hull, engines, gears, tackle, bunkers, machinery, apparel, plaint, furniture, fixtures, appurtenances and paraphernalia, plant and machinery, which is presently anchored at Visakhpatnam Port, which is within the territorial waters of India and within the admiralty jurisdiction of this Court.

(2.) The plaintiff (buyer) contracted to purchase 12,001 Metric Tonnes of Dilhydrate Poly Halite Cargo from ICL Europe Cooperatie U.A, United Kingdom/seller, vide Bill of Lading dtd. 30/9/2025 to be shipped from the load port Teesport - United Kingdom to discharge port at Visakhapatnam, India. The 1st respondent vessel arrived at Visakhapatnam Port on 2/12/2025, to discharge of the Cargo. On 3/12/2025, when the plaintiff commenced discharge operations, it was observed that the cargo in Hatch No.2 and Hatch No.4 of the 1st respondent vessel was mixed with water, resulting in damaged cargo of consolidated lumps and moisture - affected material in those Sec. of the hatches to the tune of 2911 Metric Tonnes. Letter of Protest was raised by the plaintiff on 3/12/2025, putting the owner of the 1st respondent vessel to notice that they would be liable for the damages caused by the said issues. The said fact ws also admitted by the cargo handling agency on bhelaf of the port on 3/12/2025 and addressed a letter to the defendant.

(3.) On 4/12/2025, the plaintiff got the Cargo inspected by an independent third party surveyor namely M/s. Peters and Prasad Assocaites, who issued a report confirming that water was present in cargo in Hatch No.2 and Hatch No.4. Thereafter, the plaintiff addressed an e-mail dtd. 5/12/2025 to the agents of the 1st respondent vessel informing that 2911 Metric Tonnes out of the total 12,001 Metric Tonnes cargo was in a wet and damaged condition and stated that the said cargo of 2911 Metric Tonnes was contaminated and unfit for its intended purpose namely distribution of fertilizer to farmers in India and raised claim for an amount of Rs.6,93,57,919.00, which was received by the agent of the 1st respondent. Similarly, the assessment of the damaged goods was also communited to the 1st respondent on 5/12/2025 and the same was received and acknowledged. Having received the demand/liability of the 1st respondent vessel, even after lapse of three days, the 1st respondent neither replied denying the smae nor communicated any reponse. Therefore, the short of delivery in quantity or damage in connection with the goods is certainly a Maritime claim as defined under Sectuion 4(F) of the Admiralty (Jurisdiction and Settlement of Maritime Claims), 2017