Andhra Pradesh High Court - Amravati
Admiral Shipping Pvt.Ltd. vs Mv Evangelia M Imo No.9506708 on 30 November, 2021
Author: M. Venkata Ramana
Bench: M. Venkata Ramana
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA (ORIGINAL ADMIRALTY JURISDICTION) TUESSDAY, THE THIRTIETH DAY OF NOVEMBER, TWO THOUSAND AND TWENTY ONi //PRESENT// HONOURABLE SRI JUSTICE M. VENKATA RAMANA COMS. No.1 of 2019, COMS.No.1 of 2021, COMS.Nos. 3 & 4 of 2018, C.S.No.2 Of 2018 and EXEP No.2 of 2018 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 #115, 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 Vill Butuan 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 Contd..2.. 10. Leonardo Bautista Ico, Second Engineer On board MV Evangelia M, Philippine National, Adult, having his residential address at #113, BRGYNalsian Sur, MalasiquiPangasinan, Philippines 11. Nestor Juada Babalo, Third Engineer On board 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 On board MV Evangelia M, Philippine National, Adult, having his residential address at BRGY, Tumalim, Nasugbu, Batangas, Philippines 13. Ricardo Jr. Andal Julio, Electrician On board M.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 On board 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 On board M.V. Evangelia M, Philippine National, Adult, having his residential address at #174, Nia Rd., BayananBacoor Cavite, Philippines 16. Taton Joerey Dionson, Able Seaman On board MV Evangelia M, Philippine National Adult, having his residential address at BRGY, Sagua Anini-Y Antique, Philippines. 17. Rowel Dulce Gacute, Able Seaman On board MV Evangelia M. Philippine National, Adult, having his residential address at Bal-ong Roxas, Oriental Mindora, Philippines 18. Lucas Aldrin Paul I, Ordinary Seaman On board 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 On board MV Evangelia M, Philippines National, Adult, having his residential address at it Ubbos, Santiago, Ilocos Sur, Phillipines 20. Ricardo Martinez Camilo, Fitter On board MV Evangelia M, Phillipine National, Adult, having his residential address at Samaria Heights, MT View Mariveles Bataan, Philippines 21. | Romeo Sojor Gadiana, Oiler On board 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 On board 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 On board MV Evangelia M, Philippine National, Adult, having his residential address as CarotAnda Pangasinan, Philippines S . ~ 24. Virgilio Manio Palomo, Cook On board 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 On board MV Evangelia M, Philippine National Adult, having his residential address at 180 Buna Cerca Indang Cavite Philippines (5-25 being the Plaintiffs in Commercial Suit No.3 of 2018 on the file of this . Hon'ble Court through their constituted attorney Neduru Ravindrababu having his address at Centre for Seafarers Welfare, 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 I.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 and 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, MV EVANGELIA M, Having his Seaman's Book MUM 195515 and Passport No. J 2331277. 32.Mondi Srinivas Rao, Fourth Engineer, MV EVANGELIA M, Having his Seaman's book MUM 209526 and Passport No. R 5894273. 33.D. Venkatesh, Junior Engineer, MV EVANGELIA M, Having his Seaman's book CHN 102861 and Passport No. M 9355926. 34.Gudivada Appala Naidu, Bosun, MV EVANGELIA M, Having his Seaman's book CL 5537 and Passport No. H 6762175. 35.Balireddy Srinivasa, Able Seaman, MV EVANGELIA M, Having his Seaman's book MUM 239586 and Passport No. M 3731735. 36.J. Venkata Appalachalam, Able Seaman, MV EVANGELIA M, Having his Seaman's book KOL 111819 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 book MUM 325380 and Passport No. R 7871961. 39.Dabbada Vamsi Kumar, Deck Cadet, MV EVANGELIA M, Having his Seaman's Book MUM 335504 and Passport No. S$ 1603830. 40.Nammi Chelli Babu, Fitter, MV EVANGELIA M, Having his Seaman' S book MUM 241187 and Passport No. N 9891296. 41.Gunje Siva Kumar, Oiler, MV EVANGELIA M, Having his Seaman's book P 0098828 and Passport No. M 4907217. 42.Chenna Ananth Kumar, Oiler, MV EVANGELIA M, Having his Seaman's book MUM 230598 and Passport No. P 5700878. 43.Balireddy Rahul, Wiper, MV EVANGELIA M, Having his Seaman's book 118114 and Passport No. S 3816389. 44.Sirugudu Sai Kumar, Cook, MV EVANGELIA M, Having his Seaman's book 118020 and Passport No. P 3733992. 45.Nelurothu Vyakunta Rao Cat Boy, MV EVANGELIA M, Having his Seaman's Book 118411 and Passport No. S 6409399. seees Defendants Commercial Suit filed under Section 2(1)(c)(iii) of the Commercial Courts Act, 2015 read with the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017, praying the Hon'ble High Court praying to pass - A. 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. 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, charges, expenses, enforcement fees and Sheriff's poundage to be incurred as per the Particulars of Claim at Annexure P-25 hereto are 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 furnitures, 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 Particulars of Claim at Annexure P-25 hereto and 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, furnitures, 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 clauses (A) to (D) above be granted, F. For costs of the suit including all legal costs and charges. COMS.No. 1 of 2021 :- Between:- Admiral Shipping Pvt .Ltd., A company registered under Indian Companies Act, 1956 having its regd. Office at Represented by its Authorized Signatory, Aduri Veer Hari Prasad S/o. late Balarama Krishna, agd 45 years, Branch Manager of the plaintiff. (E-Mail [email protected]) ..Plaintiff. AND 1.MV EVANGELIA M (IMO No. 9506708), Rep. by its Master) (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, Andhra Pradesh, within the territorial waters of India and within the Admiralty jurisdiction of this Hon'ble Court. (E-Mail : [email protected]) 2.Messers. Athenian Ship Management Inc., The ISM Manager, and/or the ship Manager and/or the Commercial Manager, having Its address at 14, Skouze Street, 185 36, Piraeus, Athens, Greece. (E-Mail :- [email protected]) .... Defendants. Commercial Suit filed under Section 2 (1)(c)(iii) of the Commercial Courts Act, 2015 and Order XLII , Rule 2 of original side, Read with the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017, praying the Hon'ble High Court may be pleased to pass A. For an order and decree for declaration that a sum of Rs. 74,87, 413-99 p (Rupees seventy four lakhs eighty seven thousand four hundred thirteen and paise ninety nine only) inclusive of interest till the date of filing of the Suit and costs, together with further interest at the rate of 12% p.a. 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 is due and payable to the Plaintiff by the defendants; B) Attach the sale proceeds thereof so deposited with the Admiralty Registrar of this Hon'ble Court to secure and/or satisfy the Plaitniff's claim in the suit: C. Ad-interim and interim reliefs in terms of prayer clauses (A) to (D) would be granted. D. For costs of the suit including all legal costs and charges. COMS.Nos. 3 of 2018: Between: 1. Capt. Alexander Baguio Apao, Master, On board MV Evangelia M Philippine National, adult, having his residential address at # 115, Woodpecker EXT, Dona Pilar Sasa, Davo City, Philipines. 2. Berro Vicente Jr. Bermejo, Chief Officer, On board 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, On board MV Evangelia M, Philippine National, Adult, having his residential address at Cansojong, Talisay City, Cebu, Philippines. 4. Phil Cubid Sumbi, Third Officer," On board MV Evangelia M, Philippine National, Adult, having his residential address at Brgy, Lacaron Valladolid Negros, Occidental, Philippines. 5. Gary Palomar Garbo, Chief Engineer, On board 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, On board MV Evangelia M, Philippine National, Adult, having his residential address at # 113, BRGYNalsian Sur, Malasiqui Pangasinan, Philippines. 7. Nestor Juada Babalo, Third Engineer, On board 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, On board MV Evangelia M, Philippine National, Adult, having his residential address at BRGY Tumalim, Nasugbu, Batangas, Philippines. 9. Ricardo Jr. Andal Julio, Electrician, On board 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, On board 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, On board MV Evangelia M, Philippine National, Adult, having his residential address at # 174, Nia Rd., Bayanan Bacoor Cavite, Philippines. 12.Taton Joerey Dionson, Able Seaman, On board MV Evangelia M, Philippine National, Adult, having his residential address at BRGY, Sagua Anini-Y Antique, Philippines. 13.Rowel Dulce Gacute, Able Seaman, On board MV Evangelia M, Philippine National, Adult, having his residential address at Bal-ong Roxas, Oriental Mindora, Philippines. 14.Lucas Aldrin Paul Ildefonso, Ordinary Seaman, On board 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, On board MV Evangelia M, Philippine National, Adult, having his residential address at Ubbog, Santiago, Ilocos Sur, Phillipines. 16.Ricardo Martinez Camilo, Fitter, On board MV Evangelia M, Philippine National, Adult, having his residential address at Samaria Heights, MT View Marveles Bataan, Philippines. 17.Romeo Sojor Gadiana, Oiler, On board 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, On board 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, On board MV Evangelia M, Philippine National, Adult, having his residential address at Carot Anda, Pangasinan, Philippines. 20.Virgilio Manio Palomo, Cook, On board 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, On board MV Evangelia M, Philippine National, Adult, having his residential address 1830BUNA CERCA INDANG CAVITE, Philippines. Through their constituted attorney Neduru Ravinder Babu, having his address at Centre for Seafarers 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. seeee Defendants Commercial Suit filed under Section 2 (1)(c)(iii) of the Commercial Courts Act, 2015 and Order XLII and Rule 2 of Original Side, Read with the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017), praying the Hon'ble High Court may be pleased to a) pass an order and decree against the Defendant Nos.1, and 2 jointly and/or severally ordering 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 18 percent and interest on judgment at 18 percent per annum along with legal costs; b)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, 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)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) pending hearing and final disposal of the present Suit, defendant No.1 vessel along with her hull, engines, gears, tackle, articles, things, bunkers, apparels, plant, furniture and all other appurtenances lying at the Kakinada Anchorage within the waters of India or wherever she is within the territorial waters of India be ordered to be appraised and sold and the net sale proceeds thereof be ordered to be deposited in this Hon'ble Court to Plaintiffs claim; e)suit pending hearing and final disposal of the present credit of the Defendant No. 2 be directed to repatriate the Plaintiff crew to their respective homes in Philippines at its cost and expenses; f) In the alternative to prayer (e), the Plaintiffs be allowed to disembark from the Defendant No. 1 vessel and that costs and expenses 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. COMS.Nos. 4 of 2018: Between: Brothers Shipping Having its office at Kashfia Plaza (2"4 Floor), 923/A, Sk. Mujib Road, Agrabad Commercial Area, Chittagong, Bangladesh Plaintiff AND sy 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. ...Defendants Commercial Suit filed under Section 2(1)(c)(iii) of the Commercial Courts Act, 2015 read with the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017) Read with Order VII Rule of C.P.C., praying the Hon'ble High Court to grant the following relief in favour of the Plaintiff and against the Defendants 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.V. 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 61,312.64 (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, tiens, 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; C.S. No.2 of 2018: Between: M/s Sinwa (Singapore) Pte Limited, a Company incorporated under the Laws of Singapore which has its principal office 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.Evangelia M, 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 DR Ww ..Defendants Commercial Suit filed under Section 26 CPC R/w. Order XLII Original side of its Admiralty Jurisdiction, praying 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 Hon'ble Court and the sale proceeds thereof be applied to secure the Plaintiffs claim as decided by this Hon'ble 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 is furnished; C) Alternative to prayer (A) and (B), 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 Hon'ble 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 Hon'ble Court till security for the Plaintiff's claims of INR 30,25,377.54 in the present Suit is furnished. E) 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. 10 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 ' ...Petitioner 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 office at C/o Athenian Ship Managament INC, 14 Skouze Street 185 36, Piraeus, Athens, Greece ...Defendants Petition filed under Form No.53, as per Rue 141(2) of CRP and Order XxXI Rule 11 of the Code of Civil Procedure, 1908 (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, praying High Court to (a) Execute the Final Award dated 9°" 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 dollars 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; (c) Pass an order under Order XXXi Rule 30 of Code of Civil Procedure 1908, (CPC) read with the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 for arrest / attachment and sale of Respondent No. 1 vessel for realization of the final award amount as detailed in the present petition, (d) Pass an order under Order 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 These cases coming on for hearing and upon hearing Sri Ravi Cheemalapati, learned counsel for the Plaintiff in COMs.No. 1/2019 and Sri S. Vasudevan, learned counsel, the Court made following - Contd..11... 11 ORDER :
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"Heard for the plaintiff and for the defendants.
It was clearly recorded in the order dated 27.09.2021 that lapse had occurred in taking out publications, leading to financial loss of about Rs.10,00,000/- and that it could not be treated as a mistake unintended by the Registry. It was further recorded that when there are specific orders of the Court, the concerned in the Registry including the Registrar (Judicial) shall be bound by the orders, who cannot take upon themselves on their own resorting to certain acts, which are not permitted by the orders of the Court on Judicial side. It was further observed that steps taken by the Registry in this context leading to such loss is in flagrant ignorance and violation of the orders. A further direction was issued for a comprehensive enquiry in the matter to fix up responsibility on those concerned for appropriate action, upon obtaining permission of the Hon'ble the Chief Justice, directing Registrar General to do the needful.
Now, the Registrar General has submitted a confidential report, which was placed before this Court on 28.10.2021.
Upon perusal of the report of the Registrar General in the circumstances, this order is being passed now.
No party should suffer on account of the lapses or reckless negligence on the part of the Registry, which is observed in the present case. The parties cannot be made to suffer this loss. In the facts and circumstances of the present case, it is the parties to these suits that should bear this loss occasioned, stated above, ultimately.
Therefore, a right is preserved to these aggrieved parties to seek reparation for this loss either in this proceedings or by means of separate proceedings, against the State of Andhra Pradesh including against High Court of Andhra Pradesh on administrative side. This right is preserved to these parties to exercise, if they so desire and if they are so advised to get this loss reparated and made good.
A copy of this order shall be served on the Registrar General representing High Court of Andhra Pradesh on the administrative side under appropriate acknowledgement and it shall be a part of the record in this case. The parties to these matters are entitled to have a copy of the acknowledgement so issued by the Registrar General.
List this matter on 15.12.2021.
The Confidential Report submitted by the Registrar General earlier is directed to be returned to the Registrar General for safe custody and for production in future in case of necessity."
Sd/- A.V. RAGHAVA SW AMY , JOINT wa 14 / TRUE COPY// SECTION OFFIC SECTION OFFICER Contd..12...
12 To
1.The Registrar General, High Court of A.P., at Amaravati.
2.The Registrar(Judicial), High Court of A.P., Amaravati.
3.One CC to Sri Ravi Cheemalapati, Advocate (OPUC)
4.One CC to Sri D. Satya Siva Darshan, Advocate(OPUC)
5.One CC to Sri S. Vasudevan, Advocate(OPUC)
6.One CC to Sri Yateendra Dev, Advocate(OPUC)
7.One CC to Sri Sai Sanjay Suraneni, Advocate(OPUC)
8.One CC to Ms. Tripti Sharma, Advocate(OPUC)
9.One CC to Sri Ramlaxman, Advocate(OPUC)
10.One CC to M/s. Indus Law Firm, Advocate(OPUC)
11.One CC to Sri G. Tarun Reddy, Advocate(OPUC)
12.One CC to Ms Sangeeta Bhaskar, Advocate(OPUC)
13.One CC to M/s. K.V.S.S. Prabhakara Rao Associates, Advocates(OPUC)
14.One spare copy.
TKK 13 HIGH COURT MVR.J DATE: 30-11-2021.
ORDER COMS. No. 1 of 2019, COMS.No. 1 of 2021, COMS.Nos. 3 & 4 of 2018, C.S. No.2 of 2018 and EXEP No.2 of 2018. DIRECTION : 0) 2 =);
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