Mac Impex vs Msc Beijing ( Imo No 9289099 ) on 29 September, 2018

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Gujarat High Court

Mac Impex vs Msc Beijing ( Imo No 9289099 ) on 29 September, 2018

Bench: R.M.Chhaya

           C/AS/39/2018                                          ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/ADMIRALITY SUIT NO.             39 of 2018

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                               MAC IMPEX
                                 Versus
                    MSC BEIJING ( IMO NO 9289099 )
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Appearance:
MR. JAIMIN R DAVE(7022) for the PETITIONER(s) No. 1
 for the RESPONDENT(s) No. 1
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 CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA

                                Date : 29/09/2018

                                   ORAL ORDER

1. The matter was mentioned before Hon'ble the Chief Justice and considering the urgency, Hon'ble the Chief Justice has permitted circulation of this matter before this Court today.

2. Heard Mr. Jaimin R. Dave, learned advocate for the plaintiff.

3. On hearing Mr. Jaimin R. Dave advocate for the plaintiff and upon reading the plaint herein declared at Ahmedabad on the 28th September 2018 filed by the advocate for the plaintiff herein and the affidavit of Shri Sunil J. Behal, the power of attorney holder of the plaintiff above named, affirmed on 28th September 2018 AND UPON HEARING counsel for the plaintiff AND UPON THE PLAINTIFF giving an undertaking in writing to the Registrar of this Hon'ble Court to pay such Page 1 of 5 Downloaded on : Thu Jun 27 15:11:10 IST 2019 C/AS/39/2018 ORDER sums by way of damages as this Hon'ble 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 Hon'ble Court DO ISSUE a warrant for the arrest of the defendant vessel, MSC BEIJING (IMO No. 9289099), along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furniture, equipments and all appurtenances, at present lying at the Port and Harbour of MUNDRA 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 at MUNDRA and the Customs Authorities at MUNDRA do effect the arrest, seizure or detention of the defendant vessel, MSC BEIJING (IMO No. 9289099) at the Port of MUNDRA 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 Hon'ble Court a sum of sum of US$ 98,223.31 (US Dollars Ninetyeight thousand two hundred twentythree and thirtyone cents) together with further interest thereon at the rate of 18% per annum on US$ 98,223.31 (US Dollars Ninetyeight thousand two hundred twentythree and thirtyone cents) from the date of filing suit until payment the said Warrant of Arrest shall not be executed against the defendant vessel MSC BEIJING (IMO No. 9289099).

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4. Mr. Jaimin R. Dave, learned counsel for the plaintiff, submitted that the Plaintiff has filed present suit for recovery of loss and damage to the cargo onboard the Defendant vessel as well as cargo on board MSC Chicago. By the present Suit, the Plaintiff is seeking the arrest, sequestration, condemnation and sale of the Defendant vessel (which is the sister vessel of MSC Chicago) for recovery of Plaintiffs total claim for USD 98,223.31 alongwith interest @ 18% per annum from the date of filing of the suit till payment/realization, poundage and costs, etc. Since, the Defendant vessel as well as MSC Chicago are sister vessels (i.e. owned by the same owner), the Plaintiff is entitled to arrest and proceed against the Defendant vessel for the claim against MSC Chicago.

5. Upon hearing Mr. Jaimin R. Dave, learned Advocate for the plaintiff and upon reading the plaint herein declared at Ahmedabad on 28th September 2018 filed by the advocate for the plaintiff herein and the affidavit of Shri Sunil J. Behal, Constituted Attorney of the plaintiff above named affirmed on 28th September 2017 and upon hearing counsel for the plaintiff and upon plaintiff having given 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 Page 3 of 5 Downloaded on : Thu Jun 27 15:11:10 IST 2019 C/AS/39/2018 ORDER warrant for the arrest of the defendant Vessel, MSC BEIJING (IMO No. 9289099), along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furnitures, equipments and all appurtenances lying at MUNDRA Port 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 MUNDRA Port do effect the arrest, seizure or detention of the defendant vessel, MSC BEIJING (IMO No. 9289099) at the MUNDRA Port 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 the sum of claim amount being USD 98,223.31 alongwith interest @ 18% p.a. from the date of filing of the suit till payment/realization as per ExhibitM, the said Warrant of Arrest shall not be executed against the defendant vessel MSC BEIJING (IMO No. 9289099).

6. The Port Officer and the Customs Authorities at MUNDRA are directed to arrest the vessel MSC BEIJING (IMO No. 9289099) at present lying at Port of MUNDRA 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 MUNDRA shall render all assistance to the plaintiff or its representative in effecting Page 4 of 5 Downloaded on : Thu Jun 27 15:11:10 IST 2019 C/AS/39/2018 ORDER the warrant of arrest on the vessel MSC BEIJING (IMO No. 9289099).

7. It is open for the plaintiff's advocate to communicate the above order by fax message/Email at their own cost and the authorities are directed to act on fax/Email message.

8. The undertaking filed by of Shri Sunil J. Behal, the power of attorney holder of the plaintiff is taken on record.

9. Notice to the defendant returnable on 17.10.2018. 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.

10. Office is directed to serve the warrant of arrest on the Master of the Vessel MSC BEIJING (IMO No. 9289099) or through the agent of the vessel MSC BEIJING (IMO No. 9289099) and send copy thereof to Port and Customs Authorities at MUNDRA.

Direct service is permitted to day.

(R.M.CHHAYA, J) BIJOY B. PILLAI Page 5 of 5 Downloaded on : Thu Jun 27 15:11:10 IST 2019

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