Bombay High Court
Square Port Shipyard Private Limited ... vs Barge Hamriyah Pride Imo 7633313 on 5 May, 2026
Author: Abhay Ahuja
Bench: Abhay Ahuja
901.COMASL 16232-26 @ IAL 16240-26 @JOL 16255-26
1IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ADMIRALTY AND VICE ADMIRALTY JURISDICTION
COMMERCIAL ADMIRALTY SUIT (L) NO. 16232 OF 2026
Square Port Shipyard Private Limited ...Plaintiff
V/s.
Barge "Hamriyah Pride" IMO No. 7633313 ...Defendant
WITH
INTERIM APPLICATION (L) NO. 16240 OF 2026
WITH
JUDGE'S ORDER NO. 16255 OF 2026
Mr. B. Kumar with Mr. Akhil R. Nair for the Plaintiff.
CORAM : ABHAY AHUJA, J.
DATE : 5th MAY, 2026
P.C. :
1. Pursuant to the order dated 4th May, 2026, although today the
matter had been listed the matter serial no. 901 at 11.00 a.m on the
supplementary board, when the matter is called out, Mr. Kumar,
learned Counsel appearing for the Plaintiff seeks some time to file an
affidavit for taking additional documents on record in support of the
Suit/Plaint. Accordingly, the matter was kept back.
2. When the matter was called out at 3.00 p.m., none was present
and the matter was again kept back.
3. Again when the matter is called out, Mr. Kumar, learned Counsel
appears and tenders across the bar affidavit dated 5 th May, 2026 for
taking additional documents on record.
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4. Mr. Kumar submits that the Suit has been filed in rem seeking
arrest of the Defendant-Barge (IMO No. 7633313) (the "Defendant-
Vessel") to secure a maritime claim for unpaid parking, port and water
way operation service charges falling under Section 4(1) (l) and (n) of
the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act,
2017 (the "Admiralty Act").
5. Mr. Kumar submits that earlier the Plaintiff acquired the Dabhol
Shipyard as a going concern pursuant to a sale certificate dated 10 th
May, 2023 issued by the Liquidator of Bharati Defence & Infrastructure
Limited under the orders of the NCLT, Mumbai, whereby the Plaintiff
came into lawful possession, control and management of the entire
shipyard premises along with all the barges lying therein including the
Defendant-Vessel.
6. Mr. Kumar submits that thereafter, vide Agreement for Sale dated
13th March, 2025, between the owners of the Defendant-Vessel, the
buyer of the Defendant-Vessel and the Plaintiff herein, the Defendant-
Vessel was agreed to be sold subject to payment of USD 300,000 to the
Plaintiff, out of which USD 150,000 was received on the execution date
and the balance remained outstanding. Mr. Kumar submits that the
amount of USD 300,000 was the lumpsum amount that the Plaintiff
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agreed to receive in respect of the rent / parking charges and the port
and water way operation service charges that were due to the Plaintiff
since the acquisition of the Dabhol shipyard as a going concern as
although on the 13th March, 2025, Rs. 180 million was outstanding, the
said claim was settled at USD 300,000 pursuant to Release and Waiver
Agreement also dated 13th March, 2025. Mr. Kumar submits that
invoices in respect of the two amounts have been raised, however, only
USD 150,000 has been received, whereas despite a legal notice, the
invoice dated 24th April, 2026 for the balance USD 150,000 has not
been paid. Mr. Kumar submits that since now the Plaintiff has learnt
that the Defendant-Vessel would be auctioned at the behest of the
customs whose claim although had stood discharged in view of the
NCLT order, by which the Plaintiff has acquired the Dabhol Shipyard as
a going concern, the customs is to auction the said Defendant-Vessel to
the detriment of the claim of the Plaintiff.
7. Mr. Kumar has taken this Court through the various exhibits
annexed to the Plaint as well as to the affidavit dated 5 th May, 2026 and
submits that this Court may direct arrest of the Defendant-Vessel under
Section 5(1) of the Admiralty Act.
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8. Mr. Kumar submits that there is no caveat against the arrest of
the Defendant-Vessel, which is also certified by the Section Officer of
the Execution Department of this Court as on today at 10.55 a.m
9. Mr. Kumar submits that the Defendant-Vessel is within the
admiralty jurisdiction of this Court at Dabhol Creek, Usgaon, Taluka
Dapoli, District Ratnagiri, Maharashtra as can be seen from the cause
title of the Plaint.
10. Having heard the learned Counsel and having perused the
various documents annexed to the Plaint and the Affidavit dated 5 th
May, 2026, with his assistance, I am of the prima facie view that a case
for arrest of the Defendant-Vessel has been made out: there is a
maritime claim within the meaning of Section 4(1)(l) and (n) of the
Admiralty Act and the Defendant-Vessel is within the admiralty
jurisdiction of this Court.
11. Accordingly, in view of the Section 3 and Section 5(1) of the
Admiralty Act, I pass the following order:-
ORDER
(i) I order the arrest of the Defendant-Vessel viz. Barge "Hamriyah Pride, IMO No. 7633313, lying and being within the Admiralty Jurisdiction of this Court along with hull, engines, gears, tackles, Nikita Gadgil 4/5 ::: Uploaded on - 05/05/2026 ::: Downloaded on - 06/05/2026 20:25:07 :::
901.COMASL 16232-26 @ IAL 16240-26 @JOL 16255-26 machinery, apparels and paraphernalia lying and being presently at Mumbai or wherever in the territorial waters of India.
(ii) Warrant of arrest is dispensed with.
(iii) If the Defendant-Vessel is found abandoned or unmanned, the office of the Sheriff shall present a report for auctioning the Vessel upon request of the Plaintiff.
(iv) The Plaintiff is also at liberty to file an application for sale of the Defendant-Vessel provided no application for vacating the order of arrest is made.
(v) The Judge's Order is accepted and signed separately.
(vi) The Plaintiff's undertaking dated 4th May, 2026 is accepted.
(vii) The Plaintiff is at liberty to communicate this order to the Sheriff of Mumbai, the Master of the Defendant-Vessel, relevant Port and Custom authorities by email/hand delivery.
(viii) All concerned to act on a copy of this order, duly authenticated by the Associate of this Court.
Digitally signed by (ABHAY AHUJA, J.) NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date:
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