Calcutta High Court
Highlander Marine (Asia - Pacific) Pte ... vs The Owners And Parties Interested In The ... on 24 June, 2019
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
ORDER SHEET
TA 5 of 2019
With
AS 3 of 2019
IN THE HIGH COURT AT CALCUTTA
Admiralty Jurisdiction
ORIGINAL SIDE
HIGHLANDER MARINE (ASIA - PACIFIC) PTE LTD.
Versus
THE OWNERS AND PARTIES INTERESTED IN THE VESSEL M.V. LILY QUEEN & ANR.
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date : 24th June, 2019.
Appearance:
Mr. Anubhav Sinha, Adv.
Mr. Asit Kr. De, Adv.
The Court : This affidavit of arrest has been filed by the plaintiff in the admiralty suit for arrest of the defendant no.1 vessel, namely, "M.V. LILY QUEEN" along with her tackle, apparel and furniture by invoking the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (hereinafter referred to as "the said Act of 2017").
The defendant no.1 vessel is a foreign vessel plying with a flag of Liberia and presently lying at Kolkata Port within the admiralty jurisdiction of this Court. The Plaintiff's claim for Rs.17,42,234/- against the defendant no.1 vessel appears to be on account of the services rendered to the defendant no.1 vessel for repairing and 2 pilotage at the port of Singapore. The plaintiff has disclosed the documents evidencing the repairing work of the defendant no.1 vessel which is acknowledged by the Master of the defendant no.1 vessel. The Master of the defendant no.1 vessel has also acknowledged the pilot services rendered by the plaintiff to the defendant no.1 vessel at Singapore. According to the plaintiff, its claim in the present suit against the defendant no.1 vessel constitutes maritime claims under Clauses (k) and (l) of sub-section (1) of Section 4 of the Act of 2017.
Considering the materials on record, I find the plaintiff has made out a prima facie case and the balance of convenience also lies in favour of the plaintiff for obtaining an ex parte order of arrest of the defendant no.1 vessel, which is likely to leave the Kolkata Port very shortly. Accordingly, there shall be an order of arrest of the defendant no.1 vessel, "M.V. LILY QUEEN" in terms of prayer (a) of the affidavit of arrest.
It is, however, clarified that if the owners and parties interested in the defendant no.1 vessel deposits the amount of Rs. 17,42,234/- to secure the claim of the plaintiff with the Registrar, Original Side of this Court, this order of arrest shall stand automatically vacated.
The Marshall shall forthwith communicate the order of arrest to the Master of the vessel as well as the concerned Port Authority, 3 Customs Authorities and Coast Guard Authorities by FAX massage and by e-mail.
Upon payment of the necessary charges by the plaintiff, the Marshall shall also serve the order of arrest including the copy of the affidavit of arrest on the Master of the Vessel. The Marshall's communication shall be affixed on the MAST of the vessel.
The plaintiff shall also serve copies of the plaint and the application, together with a copy of this order on the Master of the defendant no.1 vessel.
The Port Authorities, Customs Authorities and the Commandant, CISF are directed to render all necessary assistance to the Marshall to implement this order.
This application is made returnable on June 26, 2019. The Marshall and all concerned including the Port Authorities, Customs Authorities and Coast Guard Authorities shall act on a server copy of this order.
Urgent certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(ASHIS KUMAR CHAKRABORTY, J.) B.Pal