Gujarat High Court
Monjasa A/S vs M.V. Hae Hung on 21 January, 2014
Author: R.M.Chhaya
Bench: R.M.Chhaya
O/AS/2/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ADMIRALITY SUIT NO. 2 of 2014
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MONJASA A/S.....Plaintiff(s)
Versus
M.V. HAE HUNG....Defendant(s)
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Appearance:
MS PAURAMI B SHETH, ADVOCATE for the Plaintiff
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CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA
Date : 21/01/2014
ORAL ORDER
(1) Ms. Paurami Sheth, learned advocate for the plaintiff, mentioned for urgent hearing of the suit in view of the urgency claimed by the plaintiff and hence, the matter was permitted to be circulated today at 2:30 pm. (2) Heard learned advocate for the plaintiff and perused reading the plaint herein declared at Ahmedabad on the 21.01.2014 filed by the advocate for the plaintiff and the affidavit of Shri Raju Desai, Constituted Attorney of the plaintiff, affirmed on 21.01.2014.
(3) Learned advocate for the plaintiff submitted that the claim is with respect to supply of the bunkers i.e. the necessaries which is supplied on faith and credit of the Defendant vessel. Ms.Sheth further submitted that the plaintiff is commencing the arbitration proceedings and the present suit Page 1 of 4 O/AS/2/2014 ORDER is filed as well to secure the claim in arbitration. In support of the above submission, Ms.Sheth has relied upon the decision of Bombay High Court reported in Islamic Republic of Iran V/s. M.V. Mehrab and Others and in the case of J.S. Ocean Linner LLC Vs Golden progress and also of this Court in Admiralty Suit No.10 of 2010, CROFT SALES AND DISTRIBUTION LTD Versus M. V. BASIL & others, confirmed by the Division Bench of this Court.
(4) Having heard Ms.Sheth, learned advocate for the Plaintiff, on going through the record and considering the prima facie case established by 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 and/or any party 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, M.V. HAE JUNG (IMO No: 9133472) along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furnitures, equipments and all appurtenances, at present lying at the Port and Harbor of Pipavav and Page 2 of 4 O/AS/2/2014 ORDER 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 at Pipavav and the Customs Authorities at Pipavav do effect the arrest, seizure or detention of the defendant vessel, M.V. HAE JUNG at the Port of Pipavav or such other place 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 a sum of USD 1,58,548.08 with contractual interest thereon @ 2 % per month on 1,16,976.08 from the date of the date of the institution of the suit till payment/realization the said Warrant of Arrest shall not be executed against the defendant vessel M.V. HAE JUNG. (5) The Port Officer and the Customs Authorities at Pipavav are directed to arrest the vessel M.V. HAE JUNG at present lying at Port of Pipavav within the territorial waters of India and to keep the vessel under arrest until further orders of this Court. It is further ordered that the Port Officer and the Customs Officer at Pipavav shall render all assistance to the plaintiff or its representative in effecting the warrant of arrest on the vessel M.V. HAE JUNG.
Page 3 of 4O/AS/2/2014 ORDER (6) It is open for the plaintiff's advocate to
communicate the above order by fax/ email message at their own cost and the authorities are directed to act on fax/ email message.
(7) Learned advocate for the plaintiff tenders undertaking filed by Shri Raju Desai, Constituted Attorney of the plaintiff, which is taken on record.
(8) NOTICE to the defendant, returnable on 03.02.2014. It is made clear that it will be open for the defendant to approach this Court even prior to the returnable date, with adequate notice to the plaintiff.
(9) Office is directed to serve the warrant of arrest on the Master of the Vessel M.V. HAE JUNG or through the agent of the vessel and send a copy thereof to Port and Customs Authorities at Pipavav. Direct service today is permitted.
Sd/ [R.M.CHHAYA, J ] *** Bhavesh* Page 4 of 4