HIGH LANDER MARINE PTE LTD Vs. THE OWNERS AND PARTIES INTERESTED IN THE VESSEL M.V. LILY QUEEN & ANR

JUDGEMENT

(1.) This affidavit of arrest has been filed by the plaintiff in the admiralty suit for arrest of the defendant no.1 vessel, namely, "M.V. LILY QUEEN" along with her tackle, apparel and furniture by invoking the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (hereinafter referred to as "the said Act of 2017").

(2.) The defendant no.1 vessel is a foreign vessel plying with a flag of Liberia and presently lying at Kolkata Port within the admiralty jurisdiction of this Court. The Plaintiff's claim for Rs.17,42,234/- against the defendant no.1 vessel appears to be on account of the services rendered to the defendant no.1 vessel for repairing and pilotage at the port of Singapore. The plaintiff has disclosed the documents evidencing the repairing work of the defendant no.1 vessel which is acknowledged by the Master of the defendant no.1 vessel. The Master of the defendant no.1 vessel has also acknowledged the pilot services rendered by the plaintiff to the defendant no.1 vessel at Singapore. According to the plaintiff, its claim in the present suit against the defendant no.1 vessel constitutes maritime claims under Clauses (k) and (l) of sub-section (1) of Section 4 of the Act of 2017.

(3.) Considering the materials on record, I find the plaintiff has made out a prima facie case and the balance of convenience also lies in favour of the plaintiff for obtaining an ex parte order of arrest of the defendant no.1 vessel, which is likely to leave the Kolkata Port very shortly. Accordingly, there shall be an order of arrest of the defendant no.1 vessel, "M.V. LILY QUEEN" in terms of prayer (a) of the affidavit of arrest.