Andhra Pradesh High Court - Amravati
Piraeus Bank vs M V Evangella M on 5 October, 2020
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI __---=--.. (ORIGINAL ADMIRALTY JURISDICTION) fn EON MONDAY, THE FIFTH DAY OF OCTOBER, TWO THOUSAND AND TWENTY = 4%. oS VR //PRESENT// iE a ay 2) HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO 1B ty EXEP No. 2 of 2018. COMS. No. 1 of 2019: Between : PIRAEUS BANK S.A. (also known as Piraeus Bank A.E.) a_ banking Societeanonyme incorporated under the laws of the Hellenic Republic, having its registered office at 4, Amerikis Street, Athens, Greece acting through its office at Shipping Centre, 47-49, AktiMiaouli, Piraeus, Greece by its Authorized Representative Mr. Siddhesh Sham Kshirsagar. .. Plaintiff AND 1.MV EVANGELIA M (IMO No. 9506708)(and her owners and all other persons Concerned and/or interested in her) a vessel registered in Liberia, together with her hull, tackle, engines, gears, plant, machinery, articles, things, apparel equipment, paraphernalia and all other appurtenances, presently in the port and harbour of Kakinada in the State of Andhra Pradesh, within the territorial waters of India and within the Admiralty jurisdiction of this Hon'ble Court, Rep. by its Master. 2.The Kakinada Port Authority, Kakinada, Andhra Pradesh, Rep. by the Port Officer. 3.Pacific World Shipping Pte Ltd., a Company incorporated under the laws of Singapore and having its registered office at 30 Raffles Place #22-01, Chevron House, Singapore -048622, being the Plaintiff in Execution Petition No.2 of 2018 on the file of this Hon'ble Court. 4.M/s, Sinwa (Singapore) Pte. Ltd., a Company incorporated under the laws of Singapore Which has its Principal Office at 28 Joo Koon Circle, Singapore 629507, Represented by its Power of Attorney holder, M/s. V. Sudha under the Power dated 30" August 2018, being the Plaintiff in Commercial Suit No.2 of 2018 on the file of this Hon'ble Court. 5.Capt. Alexander B. Apao, Master, On board MV Evangelia M, Philippine National, Adult, having his residential address at #1115, Philippine National, adult, having his Residential address at #115, Woodpecker EXT, Dona Pilar Sasa, Davo City, Philippines. 6. Vicente Jr. B. Berro, Chief Officer OnboardM.V. Evangelia M Philippine National, adult, having his residential address at #918, Sulpicio St. LUZ VillButuan City, Agusan Del Norte Philippines 7. Loreto Jr. Parculaba Obrero, Second Officer Onboard MV Evangelia M, Philippine National, Adult, having, his residential address at Cansojong, Talisay City, Cebu, Philippines 8. Phil Cubid Sumbi, Third Officer Onboard MV Evangelia M, Philippine National, Adult, having his residential address at Brgy. Lacaron Valladolid Negros Occidental, Philippines 9. Gary Palomar Garbo, Chief Engineer Onboard MV Evangelia M, Philippine National, Adult, having his residential address at B4 L12 GlenE-2, Savannah City, Otton, Iloilo, Philippines 10. Leonardo Bautista Ico, Second Engineer Onboard MV Evangelia M, Philippine National, Adult, having his residential address at #113, BRGYNalsian Sur, MalasiquiPangasinan, Philippines 11. Nestor Juada Babalo, Third Engineer Onboard MV Evangelia M, Philippine National, Adult, having his residential address at Leonor Riveria St. DawoDapitan City, Zamboanga Del Norte, Philippines 12. Rodel Marcoso Rodriguez, Fourth Engineer Onboard MV Evangelia M, Philippine National, Adult, having his residential address at BRGY, Tumalim, Nasugbu, Batangas, Philippines . 13. Ricardo Jr. Andal Julio, Electrician OnboardM.V. Evangelia M, Philippine National, Adult, having his residential address at B4, L3, Acacia St. Green Vill Sta. Cruz Laguna, Philippines 14. Joel Delino Tumaob, Bosun Onboard M.V. Evangelia M, Philippine National, Adult, having his residential address at #19, Pilapal St. Parang Marikina City, Philippines 15. Acosta Orantes Jr. P., Able Seaman Onboard M.V. Evangelia M, Philippine National, Adult, having his residential address at #174, Nia Rd., BayananBacoor Cavite, Philippines 16. Taton Joerey Dionson, Able Seaman Onboard MV Evangelia M, Philippine National Adult, having his residential address at BRGY, Sagua Anini-Y Antique, Philippines 17. Rowel Dulce Gacute, Able Seaman Onboard MV Evangelia M, Philippine National, Adult, having his residential address at Bal-ong Roxas, Oriental Mindora, Philippines 18. -- Lucas Aldrin Paul |, Ordinary Seaman Onboard MV Evagelia M, Phillipine National, Adult, having his residential address at B-1, L-11 Vista Verde North Caloocan City, Philippines 19. Warlito Jr. Gacutan Garcia, Deck Cadet Onboard MV Evangelia M, Philippines National, Adult, having his residential address at Ubbog, Santiago, llocos Sur, Phillipines 20. Ricardo Martinez Camilo, Fitter Onboard MV Evangelia M, Phillipine National, Adult, having his residential address at Samaria Heights, MT View Mariveles Bataan, Philippines 21. | Romeo Sojor Gadiana, Oiler Onboard MV Evangelia M, Philippine National, Adult, having his residential address at B2, L6, Fairway Lane, Subd. Bagumbong, Caloocan City, Philippines 22. Eddie Dagonano Cargasan, Oiler Onboard MV Evangelia M, Philippine National, Adult, having his residential address at PH.1 B15, L28, MapulangLupa, Pandi Bulacan N.H.A. Philippines 23. --_Neiljohn Caras Cahigas, Oiler Onboard MV Evangelia M, Philippine National, Adult, having his residential address as CarotAnda Pangasinan, Philippines 24. Virgilio Manio Palomo, Cook Onboard MV Evangelia M, Philippine National, Adult, having his residential address at Ph.12, BLK 3LOT 6, Pasong Buaya, 2 Quiruno ST., IMUS Cavite Philippines 25. Papa Paulo John Dilig Catering Boy Onboard MV Evangelia M, Philippine National Adult, having his residential address 180 Buna Cerca Indang Cavite Philippines (5-25 being the Plaintiffs in Commercial Suit No.3 o 2018 on the file of this Hon'ble Court through their constituted attorney Neduru Ravindrababu having his address at Centre for Seaferers Welafare, Beside Marine Poalice Station, Kakinada Port Area, Kakinada, Andhra Pradesh) 26. Brothers Shipping having its office at Kashfia Plaza (2nd Floor), 923/A, SK Mujib Road, Agrabad Commercial Area, Chittagong, Bangladesh, being the Plaintiffs in Commercial Suit No. 4 of 2018 on the file of this Hon'ble Court (RR. 3 to 26 are impleaded as per Court order dt. 14-02-2019 in |.A.No. 3 of 2019 in COMS.No. 1 of 2019) 27.Amit Kumar, Master, MV EVANGELIA M, Having his Seaman's Book No.031832 And Passport No. M 1855332. 28.Somu Lokesh Kumar Second Officer, MV EVANGELIA M, Having his Seaman's Book MUM 152 669 an Passport No. P 2901311. 29.Arajala Prasad, Third Officer, MV EVANGELIA M, Having his Seaman's Book MUM 136045 an Passport No. M 2200840. 30.Rama Mohan Kumar, First Engineer, MV EVANGELIA M, Having his Seaman's bookP 0001114 and Passport No.H 8185574. 31.Battina Srikanth, Third Engineer, V EVANGELIA M, Having his Seaman's Book MUM 195516 and Passport No. J 2331277. 32.Mondi Srinivas Rao, Fourth Engineer, MV EVANGELIA M, Having his Seaman's book MUM 195515 an Passport No. R 5894273. 33.D. Venkatesh, Junior Engineer, MV EVANGELIA M, Having his Seaman's bookCHN 102861 and Passport No. M 9355926. 34.Gudivada Appala Naidu Bosun, MV EVANGELIA M, Having his Seaman's bookCL 5537 and Passport No. H 6762175. 35.Balireddy Srinivasa, Able Seaman, MV EVANGELIA M, Having his Seaman's bookMUM 239586 and Passport No. M 3731735. 36.J. Venkata Appalachalam, Able Seaman, MV EVANGELIA M, Having his Seaman's bookKOL 11181 and Passport No. M 1361365. 37.Billan Prasad, Able Seaman, MV EVANGELIA M, Having his Seaman's Book 118017 and Passport No. R 0734448. 38.Karimi Minna Rao, Ordinary Seaman , MV EVANGELIA M, Having his Seaman's bookMUM 325380 and Passport No. R 7871961. 39.Dabbada Vamsi Kumar, Deck Cadet, MV EVANGELIA M, Having his Seaman's bookMUM 335504 and Passport No. S 1603830. 40.Nammi Chelli Babu, Fitter, MV EVANGELIA M, Having his Seaman's bookMUM 241187 and Passport No. N 9891296. 41.Gunje Siva Kumar, Oiler, MV EVANGELIA M, Having his Seaman's bookP 0098828 and Passport No. M 4907217. 42.Chenna Ananth Kumar, Oiler, MV EVANGELIA M, Having his Seaman's bookMUM 230598 and Passport No. P 5700878. 43.Balireddy Rahul, Wiper, MV EVANGELIA M, Having his Seaman's bookMUM 118114 and Passport No. S$ 3816389. 44,Sirugudu Sai Kumar, Cook, MV EVANGELIA M, Having his Seaman's book118020 and Passport No. P 3733992. 45.Nelurothu Vyakunta Rao Cat Boy, MV EVANGELIA M, Having his Seaman's Book118411 and Passport No. $ 6409399. be eee Defendants COMS.Nos. 3 of 2018: Between: 1. Capt. Alexander Baguio Apao, Master, Onboard MV Evangelia M Philippine National, adult, having his residential address at # 115, Woodpecker EXT, Dona Pilar Sasa, Davo City, Philipines. 2. Berro Vicente Jr. B. Bermejo, Chief Officer, Onboard M.V. Evangelia M. Philippine National, adult, having his residential address at # 918, Suplicio St. LUZ Vill Butuan City, Agusan Del Norte Philippines. 3. Jr. Parculaba Obrero Loreto, Second Officer, Onboard MV Evangelia M, Philippine National, Adult, having his residential address at Cansojong, Talisay City, Cebu, Philippines. 4, Phil Cubid Sumbi, Third Officer, Onboard MV Evangelia M, Philippine National, Adult, having his residential address at Brgy, Lacaron Valladolid Negros, Occidental, Philippines. 5. Gary Palomar Garbo, Chief Engineer, Onboard MV Evangelia M, Philippine National, Adult, having his residential address at B4 L12 GlenE-2, Savannah City, Otton, lloilo, Philippines. 6. Leonardo Bautista Ico, Second Engineer, Onboard MV Evangelia M, Philippine National, Adult, having his residential address at # 113, BRGYNalsian Sur, Malasiqui Pangasinan, Philippines. 7. Nestor Juada Babalo, Third Engineer, Onboard MV Evangelia M, Philippine National, Adult, having his residential address at Leonor Riveria St. Dawo Dapitan City, Zamboanga Del Norte, Philippines. 8. Rodel Marcoso Rodriguez, Fourth Engineer, Onboard MV Evangelia M, Philippine National, Adult, having his residential address at BRGY Tumalim, Nasugbu, Batangas, Philippines. 9. Ricardo Jr. Andal Julio, Electrician, Onboard MV Evangelia M, Philippine National, Adult, having his residential address B4, L3, Acacia St. Green Vill Sta. Cruz, Laguna Philippines. 10.Joel Delino Tumaob, Bosun, Onboard MV Evangelia M, Philippine National, Adult, having his residential address at # 19, Pilapal, St. Parang Marikina City, Philippines. 11.Acosta Orantes Jr. Parong, Able Seaman, Onboard MV Evangelia M, Philippine National, Adult, having his residential address at # 174, Nia Rd., Bayanan Bacoor Cavite, Philippines. 12.Taton Joerey Dionson, Able Seaman, Onboard MV Evangelia M, Philippine National, Adult, having his residential address at BRGY, Sagua Anini-Y Antique, Philippines. 13.Rowel Dulce Gacute, Able Seaman, Onboard MV Evangelia M, Philippine National, Adult, having his residential address at Bal-ong Roxas, Oriental Mindora, Philippines. 14.Lucas Aldrin Paul Ildefonso, Ordinary Seaman, Onboard MV Evangelia M, Philippine National, Adult, having his residential address at B-1, L-11 Vista Verde North Caloocan City, Philippines. 15.Warlito Jr. Gacutan Garcia, Deck Cadet, Onboard MV Evangelia M, Philippine National, Adult, having his residential address at Ubbog, Santiago, Ilocos Sur, Phillipines. 16.Ricardo Martinez Camilo, Fitter, Onboard MV Evangelia M, Philippine National, Adult, having his residential address at Samaria Heights, MT View Marveles Bataan, Philippines. 17.Romeo Sojor Gadiana, Oiler, Onboard MV Evangelia M, Philippine National, Adult, having his residential address at B2, L6, Fairway Lane, Subd. Bagumbong, Caloocan City, Philipines. 18.Eddie Dagonano Cargasan, Oiler, Onboard MV Evangelia M, Philippine National, Adult, having his residential address at PH.1 B15, L28, Mapulang Lupa, Pandi Bulacan, N.H.A. Philippines. 19.Neiljohn Caras Cahigas, Oiler, Onboard MV Evangelia M, Philippine National, Adult, having his residential address as Carot Anda, Pangasinan, Philippines. 20.Virgilio Manio Palomo, Cook, Onboard MV Evangelia M, Philippine National, Adult, having his residential address at Ph.12, BLK 3LOT 6, Pasong Buaya, 2 Quiruno ST., IMUS Cavite, Philippines. 21.Papa Paulo Johnd Dilig, Catering Boy, Onboard MV Evangelia M, Philippine National, Adult, having his residential address 180BUNA CERCA INDANG CAVITE, Philippines. Through their constituted attorney Neduru Ravinder Babu, having his address at Centre for Seaferers Welfare, Beside Marine Police Station, Kakinada Port Area, Kakinada, Andhra Pradesh. .... Plaintiffs AND 1. M.V. "Evangelia M" (IMO No. 9506708), A Liberin flag Vessel together with her Hull, Tackle, Engines, gears, plant, machinery, articles, things apparel, and other paraphernalia on board, presently lying at Kakinada Outer Anchorage, in Indian Territorial Waters. 2. Sea Majesty Inc. A company incorporated under the laws of Liberia, Owner of Defendant No.1, having its office at 80, Broadstreet, Monorovia, Liberia. 3. Kakinada Port Company Limited, Represented by its Managing Director, and Chief Executive Officer, Kakinada, Andhra Pradesh. weeee Defendants Commercial Suit filed as under Section 21(1)(c)(iii) of the Commercial Courts Act, 2015 Read with the Admiralty (Jurisdiction and Settlement of Maritime Claims) At 2017), the Hon'ble High Court may be pleased to a)That this Hon'ble Court pass an order and decree against the Defendant nos.1, and2 jointly and/or severally be ordered to pay to the Plaintiffs a sum of USD 320,686.75 (As per Particulars of Claim at Annexure P- 36)along with interim interest at 18percent and interest on judgment at 18percent per annum along with legal costs. b)That Defendant no.1 Vessel along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furniture, fixtures, appurtenances and paraphernalia and presently anchored at outer anchorage of the port of Kakinadabe arrested, detained, condemned and sold through the Registrar under orders and directions of this Hon'ble Court and the sale proceeds thereof be applied towards the satisfaction of the Plaintiff's claim in the suit. c)That pending the hearing and final disposal of the Suit, the Defendant no. 1 vessel along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furniture, fixtures, appurtenances and paraphernalia and presently anchored at outer anchorage of the port of Kakinada be arrested and/or detained under the orders of this Hon'ble Court and/or restrained from sailing out of Kakinada by issuing appropriate Warrant of Arrest in accordance with the rules and practice of this Hon'ble Court until security towards the Plaintiff's claim is furnished in the Admiralty Registry of this Hon'ble Court towards satisfaction of the Plaintiffs' claim herein d)That pending hearing and final disposal of the present Suit, No.1 vessel along with her hull, engines, gear, tackle, articles, things, bunkers, apparels, plant, furniture and appurtenances lying at the Kakinada Anchorage within the waters of India or wherever she is within the territorial watt be ordered to be appraised and sold and the net sale proceeds thereof be ordered to be deposited in this Hon'ble Court to the cr Plaintiffs claim e)That pending hearing and final disposal of the present Defendant No. 2 be directed to repatriate the Plaintiff crew respective homes in Philippines at its cost and expenses UV f) In the alternative to prayer (e), the Plaintiffs be allowed to from the Defendant No. 1 vessel and that costs and expenses in incurred in repatriation be so recoverable from the Defendant No.2 or the sale proceeds pursuant to the auction of the Defendant No.1 vessel; g)Ad interim reliefs in terms of prayer clause(c) and (e) be granted h)For Costs of the Suit. The petition coming on for hearing, upon perusing the petition and the affidavit filed therein and upon hearing the arguments of M/s. Indus Law Firms, for petitioners. COMS.Nos. 4 of 2018: Between: Brothers Shipping Having its officer at Kashfia Plaza (2"¢ Floor), 923/A, Sk. Mujib Road, Agrabad Commercial Area, Chittagong, Bangladesh Plaintiff AND 1. M.V.Evangelia M C/o Athenian Ship Management Inc, 14, Skouze Street, 18536 Piraeus, Athens, Greece (presently at Harbour of Kakinada Port) 2. Kakinada Port Authority, Kakinada, Andhra Pradesh, Rep by Port Officer. ..Defendant Commercial Suit filed as under Section 21(1)(c)(iii) of the Commercial Courts Act, 2015 Read with the Admiralty (Jurisdiction and Settlement of Maritime Claims) At 2017) Read with order VII Rule of C.P.C., and under Section 2(1)(c) (iii) of Commercial Courts Act, 2015, the Hon'ble High Court may be pleased to grant the following relief in favour of the Plaintiff and against the Defendant a) That the Defendant vessel m.v. Evangelia M along with her hull, engines, tackle, machinery, boats, apparel and other paraphernalia at present lying in port and harbour Kakinada be ordered to be arrested. b) That the Defendant vessel m.y. Evangelia M along with her hull, engines, tackle, machinery, boats, apparel and other paraphernalia at _ present lying in port and harbour Kakinada be detained, condemned and sold under Orders and directions of this Honourable Court and the sale proceeds thereof be applied towards the satisfaction of the Plaintiff's claim in the suit, or other appropriate proceeding. C) For an order and decree in favour of the Plaintiffs and against the Defendant for a sum of USD 61,312.61 (United States Dollars Sixty One Thousand and Three Hundred and Twelve and Cents Sixty One Only) and further interest at the rate of 12 percent per annum on the Principal amount from the date of the institution of the suit till payment/realization, together with costs and poundage. d) Pending the hearing and final disposal of the suit, the Defendant vessel m.v. Evangelia M, together with her hull, tackle, engines, bunkers, equipment, plant, machinery, apparel, fixtures and furniture, be arrested and detained under orders of this Hon'ble Court and/or be restrained from sailing out of the port and harbour of Kakinada, till security towards the Plaintiff's claim in the suit/other appropriate proceeding is furnished. e) That pending the hearing and final disposal of the suit, the Defendant vessel m.v. Evangelia M be sold after being appraised by any suitable marine surveyors according to true value thereof and upon such value certified in writing by the said surveryors by public auction free and clear from all existing claims, liens, and/or any encumbrances for the highest price that can be obtained for the said vessel. f) Costs of these proceedings to be awarded in favour of the Plaintiff; The petition coming on for hearing, upon perusing the petition and the affidavit filed therein and upon hearing the arguments of Sri G. Tarun Reddy, Advocate for petitioners. C.S. No.2 of 2018: Between: M/s Sinwa (Singapore) Pte Limited, a Company incorporated under the Laws of Singapore whih has its principle officer at 28 Joo Koon Circle, Singapore 629057, rep by its Power of Attorny holder Ms. V.Sudha, under the Power dated 30" August 2018. | .Plaintiff AND 1. M.V.Evangellam, a motor vessel flying the flag of Liberia at present anchored at Kakinada Port, Kakinada, Andhra Pradesh rep by her Master Athenian Shipmanagement Inc Str Kampanis Buliding, 14 Skouze Street Piraeus Greece 18536. Sea Majesty Incorporated of 80 Broad Street, Monrovia, Liberia The Chairman of Kakinada Port, Port Authority, Kakinada. The Traffic Manager, Kakinada Port Trust, Port Area, Kakinada. The Port Officer, Kakinada Port Authority, Kakinada N anu A Ww ..Defendants Commercial Suit filed as under Section 26 R/w. Order XLII Original site of its Admiralty Jurisdiction, the Hon'ble High Court may be pleased to grant the following relief in favour of the Plaintiff and against the Defendant A) That the 1% Defendant vessel along with her hull, engines, tackles, machinery, boats, apparel and other paraphernalia be detained, condemned and sold under the orders of this Honble Court and the sale proceeds thereof be applied to secure the Plaintiffs claim as decided by this Honble Court B) Pending the hearing and final disposal of the suit, the 1st Defendant vessel be arrested and detained under the orders of this Honble Court till security for the Plaintiffs claim of INR 30,25,377.54. C) Alternative to prayer (A) and (B), the 1stDefendant vessel along with her hull, engines, tackles, machinery, boats, apparel and other paraphernalia be detained, condemned and sold under the orders of this Honble Court and the sale proceeds thereof be applied to secure the Plaintiffs claim in the present suit. D)Pending the heating and final disposal of the suit, the 1st Defendant vessel together with her hull, engines, tackles, machinery, boats, © apparel and other paraphernalia be arrested and detained under the orders of this Honble Court till security for the Plaintiff claims of INR 30,25,377.54 in the present Suit is furnished. F) Let a decree for INR 30,25,377.54 be passed against the Defendants and further they be ordered / directed to pay the Plaintiff the aforesaid amount with 18 percent interest from the date of suit till the date of payment and realization in full. F) Let the Defendants be ordered to compensate or make good the loss, damage and expenditure suffered / incurred/sustained by the Plaintiff in the process. G) Let the Defendants be directed to pay to the Plaintiff the costs of the Suit and Poundage. The petition coming on for hearing, upon perusing the petition and the affidavit filed therein and upon hearing the arguments of Sri Sangeeta Bhaskar, Advocate for petitioner. EXEP.No. 2 of 2018: Between: Pacific World Shipping Pte Ltd., a company incorporated under the laws of Singapore and having its registered office at 30 Raffles Place #22-01 Chevron House, Singapore 048622. Represented by Kamlakar Narayan Shigwan ...Petitioners AND 1. M.V."Evangliea M" A Foreign flagged vessel together with her hull, tackle, engines, gears, plants, machinery, articles, things, apperal, equipments, stores and other paraphernalia on board, at Present lying in the Port of Kakinada within the Indian Territorial Waters, Rep by its Master. 2. SEA MAJESTY INC, a company incorporated under the laws of Greece and having its registered officer at C/o Athenian Ship Managament INC, 14 Skouze Street 185 36, Piraeus, Athens, Greece ...Defendants Petitioner filed under Form No.53, as per Rue 141(2) of CRP and Order xy! Rule 11 of the Arbitration Conciliation Act, 1996 (as amended by Act No.3 of 2016) and Section 2(1)(c), 7 and 10 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (No. 4 of 2016), along with the Admiralty (Jurisdiction and Settlement of Maritime claims) Act, 2017], the Hon'ble High Court may be pleased to (a) Execute the Final Award dated 9t July 2018, as if it were a decree of this Hon'ble Court and recover the sums awarded to the petitioner amounting to a sum of US dollar 17,426.85 along with costs amounting to 3000 pounds (along with interest awarded), (b)Pass an order directing the respondents to pay the sums awarded by the tribunal in the currency in which they were awarded in full and final Satisfaction of the Final Award inclusive of interest being USD 1826.10 and Pounds 51.19 up to 4¢? September, 2018 and until further realization, (d) Pass an order under XXI Rule 41 of the CPC directing an Officer / Officers of Respondent No. 2 to disclose on oath, a complete list of movable and immovable assets, including bank accounts, vessels, cargo, shares or other investment, wherever located, of respondent No.2 and the status of such properties The petition coming on for hearing, upon perusing the petition and the affidavit filed therein and upon hearing the arguments of M/s. Indus Law Firms, for petitioners. COMS No.1 of 2019 :- Commercial Suit filed as under Section 21(1)(c)(iii) of the Commercial Courts Act, 2015 Read with the Admiralty (Jurisdiction and Settlement of Maritime Claims) At 2017), the Hon'ble High Court may be pleased to A. For an order and decree that a sum of USD 15,000,000.00/- inclusive of interest till the date of filing of the Suit and costs, together with further interest at the rate of 12% p.a. or the aggregate of the LIBOR Rate as on the date of judgment plus a spread of 3.5% p.a., whichever is lower from the date of the filing of the suit till the date of payment and/or realization and further costs, charges, expenses, enforcement fees and sheriff's poundage as per the Particulars of Claim at Annexure P-25 hereto, is due and payable to the Plaintiff; B. For an order and declaration that the repayment of the claim amount mentioned in prayer clause (A) above and the costs of the Suit and further costs, chares, expenses, enforcement fees and Sheriff's poundage to be incurred as per the Particulars of Claim at Annexure P-25heretoare secured and/or charges in favour of the Plaintiff by a valid and subsisting first priority mortgage over the Defendant Vessel M.V.EVANGELIA M. C. That the Defendant Vessel M.V EVANGELIA Malong with her hull, engines, gears, tackles, bunkers machinery, apparel, plant furniture's, fixtures, appurtenances and paraphernalia thereto presently lying at the port and harbour at Kakinada in the State of Andhra Pradesh be arrested, detained, condemned and sold free from all maritime claims, liens and encumbrances by and under the orders and directions of this Hon'ble Court and the sale proceeds thereof be applied towards the satisfaction of the Plaintiff's claim together with further costs, charges, expenses, enforcement fees and Sheriff's poundage, as per the Particular of Claim at Annexure P-25heretoand as per prayer clauses (A) and (B) above; D. That pending the hearing and final disposal of the suit, the Defendant Vessel M.V. EVANGELIA Malong with her hull, engines, gears, tackles bunkers machinery, apparel, plant, furniture's, fixture, appurtenances and paraphernalia thereto be arrested, detained, condemned and sold free from all maritime claims, liens and ~ encumbrances by and under the orders and directions of this Hon'ble Court and the sale proceeds thereof be deposited with the Admiralty Registrar of this Hon'ble Court to secure and/or satisfy the Plaintiff's claim in the suit; E. Ad-interim and interim reliefs in terms of prayer clause (A) to (D) above granted. F. For costs of the suit including all legal costs and charges. G. For such other and further reliefs as in the nature and circumstances of the case that this Hon'ble Court may deem fit and proper. The cases coming on for hearing and upon hearing Sri A. Manumdar, ° Advocate appearing for the Plaintiff in COMs.No. 1/2019 and Mr. Ramlaxman, appearing on behalf of M/s. Indus Law Firm, Counsel for Plaintiff in COMS.No. 3 of 2018 and for the petitioner in EXEP.No. 2 of 2018 and also Sri S. Vasudevan, counsel for Crew (still on the ship) the Court made following ORDER :
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"The parties in the present cases are represented by Mr. A.Majumdar appearing on behalf of Mr. Ravi Cheemalapati learned counsel appearing for the plaintiff in C.O.M.S.No.1 of 2019 and Mr. Ramlaxman appearing on behalf of M/s. Indus Law Firm, learned counsel appearing for the plaintiff in C.0.M.S.No.3 of 2018 and for the petitioners in EXEP No.2 of 2018.
Apart from the above counsel, Mr. S. Vasudevan is appearing for the Crew still on the ship.
Two bids were received for the purchase of vessel M.V. Evangelia-M. The bidders are M/s. Aethon Marine Ventures Limited represented by Sri Sanjay Mehta, General Manager and M/s. Fastfreight PTE Ltd., represented by Mr. Govind Kumar Gautam, Managing Director.
M/s. Aethon Marine Ventures Limited, Suit 556, Hunkins Water Plaza Main Street, Charlestown, Nevis, offered a sum of USD 2,000,000 for _ purchase of the above mentioned vessel.
M/s. Fastfreight PTE Ltd., #18-05, 1 North Bridge Road, 18" Floor, High Street Centre, Singapore-179094, has offered a sum of USD 2,200,200/-.
This is the third round of bidding and only two bids have been received. In view of these circumstances, the bid of M/s. Fastfreight PTE Ltd., is accepted and M/s. Fastfreight PTE Ltd is directed to comply with all the requirements of the terms and conditions of the tender document including payment of entire sale consideration, on or before 19.10.2020 as per Clause-11 in Annexure-ll of the tender conditions.
Mr. Govind Kumar Goutam has raised a concern that since further proceedings would be initiated only after a period of another two weeks, it is necessary to protect the equipment and assets of the ship during the interregnum. This apprehension cannot be dismissed.
In the circumstances, M/s. Fastfreight PTE Ltd., is permitted to station security guards at its own cost, on the ship for the sole Purpose of ensuring that none of the machinery, equipment or other assets of the vessel, viz., M.V. Evangelia-M are removed from the vessel. This arrangement shall not be taken to mean that Possession of the vessel has been given to M/s. F astfreight PTE Ltd.
M/s. Fastfreight PTE Ltd., or any of its concerned or persons acting through M/s. Fastfreight PTE Ltd., shall not claim any of the expenses involved in stationing the security guards or undertaking any security measures on the vessel either by deducting the same from the sale consideration or making such claim in the event the sale consideration is not paid in full by 19.10.2020.
Post on 21.10.2020."
Sd/- P. RAMAKRISHNA, JOINT REGISTRAR //TRUE COPY// SECTIO CER "14 To
1.The Ill Additional District Judge, Kakinada, East Godavari District, A.P.
2.The Registrar(Judicial), High Court of A.P., Amaravati.
3.The Master, MV EVANGELIA M (IMO NoO. 9506708)(and her owners and all Other Persons Concerned and/or interested in her) a vessel registered in Liberia, together With her hull, tackle, engines, gears, plant, machinery, articles, things, apparel equipment, paraphernalia and all other appurtenances, presently in the port and harbour of Kakinada in the State of Andhra Pradesh, within the territorial waters of India and Within The Admiralty jurisdiction of this Hon'ble Court, Rep. by its Master.
4.M/s. Fastfreight PTE Ltd., #18-05, 1 North Bridge Road, 18" Floor, High Street Centre, Singapore-179094.(By Air Mail)
5. The Port Officer, Kakinada Port Authority, Kakinada, East Godavari District, Andhra Pradesh. (Addressee Nos. 3 & 4 by RPAD)
6.The Section Officer, O.S. Section, High Court of A.P., at Amaravati.
7.One CC to Sri Ravi Cheemalapati, Advocate (OPUC)
8.One CC to Sri D. Satya Siva Darshan, Advocate(OPUC)
9.One CC to Sri A. Majumdar, Advocate(OPUC)
10.One CC to Sri S. Vasudevan, Advocate(OPUC)
11.One CC to Sri Yateendra Dev, Advocate(OPUC)
12.One CC to Sri Sanjay Suraneni, Advocate(OPUC)
13.One CC to Ms. Tripti Sharma, Advocate(OPUC) 14,One CC to Sri Ramlaxman, Advocate(OPUC)
15.One CC to M/s. Indus Law Firm, Advocate(OPUC)
16.One CC to Sri G. Tarun Reddy, Advocate(OPUC)
17.One CC to Sri Sangeeta Bhaskar, Advocate(OPUC)
18.One spare copy.
TKK HIGH COURT RRR.J DATE: 05-10-2020 ORDER COMS. No. 1 of 2019, COMS.Nos. 3 & 4 of 2018, C.S. No.2 of 2018 and EXEP No.2 of 2018.
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