Gujarat High Court
Gm Shipping Co. Ltd vs Glander International Bunkering Pte. ... on 14 July, 2015
Author: Vipul M. Pancholi
Bench: Vipul M. Pancholi
O/OJCA/489/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (OJ) NO. 489 of 2015
In ADMIRALITY SUIT NO. 22 of 2015
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GM SHIPPING CO. LTD....Applicant(s)
Versus
GLANDER INTERNATIONAL BUNKERING PTE. LTD & 1....Respondent(s)
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Appearance:
MR R.J. OZA, SR. ADV. MS RUJUTA R OZA, ADVOCATE for the Applicant(s) No. 1
MR MANAV A MEHTA, ADVOCATE for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 14/07/2015
ORAL ORDER
This application is filed by the applicant with a prayer that the applicant be permitted to intervene in the proceedings of Admiralty Suit No.22 of 2015. It is further prayed that the opponent No.2 vessel be released from the order of arrest, which was passed by this Court on 4.7.2015, by permitting the applicant to deposit a sum of Rs.1,25,95,733.88ps. without prejudice to the rights and contentions to defend the suit claim on the facts as well as in law, and on the preliminary ground that this Court is not having jurisdiction.
2. Heard learned Senior Counsel Mr. R.J. Oza with learned advocate Ms. Rujuta R. Oza for the applicant, and learned advocate Mr. Manav A. Mehta for respondent No.1.
3. This Court passed an order on 4.7.2015 in Admiralty Suit No.22 of 2015, whereby the order of arrest of opponent No.2 vessel was passed. In the said oder, this Court has ordered as under:
Page 1 of 3O/OJCA/489/2015 ORDER "I do order that the Registrar of this Court do issue a warrant for the arrest of the defendant vessel, M. V. PACIFIC GREEN, 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, M. V. PACIFIC GREEN 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 Court a sum of US $ 197,634.20 together with further interest thereon at the rate of 2% per month on US $ 197,634.20 from the date of filing of the suit until payment, the said warrant of arrest shall not be executed against the defendant vessel M. V. PACIFIC GREEN."
4. In pursuance to the said order passed by this Court, opponent No.2 vessel has been arrested. The applicant is having interest in the opponent No.2 vessel, and therefore, this application is filed. It is pointed out by learned Senior Counsel Mr. Oza that this Court has passed an ex-parte order to arrest the opponent No.2 vessel, and the applicant as intervener wants to oppose the claim of the original plaintiff. It is further pointed out that due to the arrest of opponent No.2 vessel, liability of payment of port charges, etc. are being incurred till today, which shall have to be borne by the applicant. When the order dated 4.7.2015 passed by this Court was served to the opponent No.2 vessel, the same was due to sail out from the port of Mundra to comply with charter obligations. Thus, the order of arrest passed by this Court is prejudicing the applicant's contractual obligations to perform the charter obligations, which may put the applicant to huge cost, and will also adversely affect its goodwill in the global market. The applicant has, therefore, shown willingness to deposit the entire amount of the claim with interest before the Registry of Page 2 of 3 O/OJCA/489/2015 ORDER this Court by way of banker's cheque bearing No. 514576 dated 13.7.2015 drawn on Kotak Mahindra Bank in favour of The Registrar Gujarat High Court Ahmedabad for an amount of Rs. 1,25,95,734/-.
5. Learned advocate Mr. Manav Mehta appearing for the opponent No.1-original plaintiff is having no objection to vacating the order of arrest passed by this Court, if the entire amount of the claim of the plaintiff with interest is deposited by the applicant before the Registry of this Court without prejudice to the rights and contentions of the learned advocate for the intervenor.
6. In view of the aforesaid facts and circumstance of the present case, the applicant is permitted to join as intervenor in the Admiralty Suit No.22 of 2015. The applicant is directed to deposit a sum of Rs.1,25,95,733.88ps. being the INR equivalent of the USD claim of the plaintiff in the Suit being US $ 197,634.20 along with interest before the Registry of this Court. On depositing the said amount, opponent No.2 vessel be released from the arrest order, and permitted to sail out of Mundra Port. The Registry is also directed to deposit the aforesaid amount in Fixed Deposit with a nationalized bank initially for a period of six months. This application stands allowed accordingly.
The Registry to accept the banker's cheque today.
Direct service today is permitted to the Port Authority and Customs Authority by fax and email at the cost of the applicant in addition to normal mode of service through the Court.
(VIPUL M. PANCHOLI, J.) sndevu Page 3 of 3