Gujarat High Court
Gulf Oil Lubricants India Limited vs Mt Tulip (Imo No 9240914) on 23 April, 2021
Author: Biren Vaishnav
Bench: Biren Vaishnav
C/AS/11/2021 ORDER
IN THEHIGHCOURTOF GUJARATAT AHMEDABAD
R/ADMIRALTYSUITNO. 11 of 2021
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GULFOIL LUBRICANTSINDIALIMITED Versus MT TULIP(IMONO 9240914) ========================================================== Appearance:
MRMANAVMEHTAfor the Defendant(s)No. 1,2 MS PAURAMIB. SHETH(841)for the Plaintiff(s) No. 1 ========================================================== CORAM: HONOURABLE MR. JUSTICE BIREN VAISHNAV Date: 23/04/2021 ORALORDER
1. Learned Advocate Ms. Paurami Sheth submitted that as per the request on behalf of the Defendant Vessel and her Owner, the Plaintiff supplied Bunkers to the defendant Vessel for the faith and credit of the Vessel, that Defendant No.2 issued Delivery Receipt Note in support of and corresponding to each of the invoice, that the Master of the Defendant vessel also acknowledged by endorsing their sign and stamp on the same without raising any protest and/or demur, that for each supply, the Plaintiff, raised computer generated invoices aggregating to the sum of INR 16,67,400/- as per Defendant No.2's requests, that the payment was to be made within a period of thirty (30) days from the date of the invoice issued for supplying bunkers but despite repeated reminders by the Plaintiff to make the outstanding payment, Defendant No. 2 has failed and neglected to make the payment, that the Plaintiff through their Advocate's issued a notice dated 12.03.2021 and also intimated to Defendant No. 2 that if the outstanding invoices would not be paid, Page 1 of 4 Downloaded on : Fri Apr 23 22:33:12 IST 2021 C/AS/11/2021 ORDER the Plaintiff would proceed to initiate legal proceedings, that the plaintiff has maritime claim and for the purpose the Plaintiff is constrained to file the present Suit and interalia prayed for arrest of the Defendant Vessel.
2. Upon hearing Ms. Paurami Sheth, Learned Advocate for the Plaintiff and upon reading the plaint herein signed at Mumbai on 08.04.2021 filed by the advocate for the Plaintiff herein and the affidavit of Mr. Ajit Salvi, authorized representative of the Plaintiff above named declared on 08.04.2021 and upon hearing counsel for the plaintiff and upon the Plaintiff giving an undertaking in writing to the Registrar of this Court to pay such sums by way of damages as this Court may award as compensation in the event of the defendants sustaining prejudice by this order, I do order that the Registrar of this Court do issue a warrant for the arrest of the Defendant Vessel MT Tulip (IMO No. 9240914) along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furnitures, equipments and all appurtenances, at present lying at Deendayal Port, Kandla within the Indian territorial waters and that the Warrant of Arrest be executed at any time of the day or night or on Sundays or holidays and I do further order that the Port Officer and the Customs Authorities at Deendayal Port, Kandla do effect the arrest, seizure or detention of the defendant Vessel at present lying Deendayal Port, Kandla within the Indian territorial waters or such other place or wherever she may be within the territorial waters of India and I do further order that in the event of the defendant and/ or those interested in her depositing in this Court the principal amount of INR16,67,400/-plus accrued interest amounting to INR Page 2 of 4 Downloaded on : Fri Apr 23 22:33:12 IST 2021 C/AS/11/2021 ORDER 1,10,600/- from due date of each invoice till date together with legal Cost of INR 2,00,000/- aggregating INR 19,78,000/- with further interest @ 18% per annum on INR16,67,400/- from date of Suit till its realization as per particulars of claim, the said Warrant of Arrest shall not be executed against the defendant Vessel at present lying at Deendayal Port, Kandla within the Indian territorial waters.
3. At this stage Mr. Manav Mehta, Learned Advocate appears and submits that he has instructions to appear for the defendants and they will deposit the suit claim amount within a period of three weeks i.e. 14.05.2021 and till then shall not move the Vessel outside Kandla. He further submitted that Defendant No. 2 shall also file an undertaking to the effect that Defendant No. 1 shall not be taken out of Kandla Port until the amount of security of suit claim is furnished.
4. In view of this submission, Mr. Manav Mehta, Learned Advocate is permitted to enter his appearance which, shall be done by 27.04.2021. The defendants are permitted to deposit the suit claim amount with interest till the date of deposit on or before 14.05.2021 and till then Defendant No. 1 Vessel is not to be taken outside Kandla. Defendant No. 2 shall also file an undertaking latest by 24.04.2021 to the effect that Defendant No. 1 shall not be taken out of Kandla Port until the amount of security of suit claim is furnished.
5. The Registry is directed not to effect arrest warrant on the Defendant Vessel. In case the Defendants fail to deposit the Security amount by 14.05.2021, the Registry may proceed to issue arrest warrant and Page 3 of 4 Downloaded on : Fri Apr 23 22:33:12 IST 2021 C/AS/11/2021 ORDER send to all concerned authorities at Deendayal Port, Kandla.
6. The undertaking is given and deposit is made without prejudice to rights of the Defendant to contest the arrest or any order that is or may be passed in the said suit.
7. It is also open for the plaintiff's advocate to bring to the notice of the Port and Customs authorities at Deendayal the above.
8. Mr. Manav Mehta, Learned Advocate waives service for the defendants.
9. S. O. to 03.05.2021.
10. Liberty to the parties to approach this Court if necessary.
(BIRENVAISHNAV,J) DIVYA Page 4 of 4 Downloaded on : Fri Apr 23 22:33:12 IST 2021