Calcutta High Court
Indian Steel Corporation Ltd vs The Owners And Parties Interest In The V on 11 April, 2014
Author: Patherya
Bench: Patherya
ORDER SHEET
GA NO.1156 OF 2014
AS NO.4 OF 2014
IN THE HIGH COURT AT CALCUTTA
Admiralty Jurisdiction
ORIGINAL SIDE
IN THE MATTER OF :
INDIAN STEEL CORPORATION LTD.
Versus
THE OWNERS AND PARTIES INTEREST IN THE V
ESSEL M.V.HAN ZHANG
BEFORE:
The Hon'ble JUSTICE PATHERYA
Date : 11th April, 2014.
MR.RATNANKO BANERJEE, MR.KRISHNA RAJ THAKER, MR.SWARAJIT DEY AND MR.INDRADIP BASU ADVOCATES FOR PLAINTIFF :
The Court : This suit has been filed on account of damages suffered.
The goods on the ship were galvanized steel coils which due to collapse of one pontoon of the said vessel has suffered damage. The said incident occurred on 4th April, 2014 and on 9th April, 2014 a 2 survey report has been submitted. Damage and liability in respect thereof have also been accepted by the owners in the electronic mail dated 6th April, 2014. Therefore this suit has been filed in which interim reliefs have been sought.
On consideration of the facts of this case from the e- mail dated 6th April, 2014, the owners of the vessel has taken responsibility for damage caused to the coils. The owners are also ready and willing to settle the issue between the parties. From the said e- mail, it appears that the owners are ready and willing to even repair the damage but the only reason is non-cooperation from the side of the plaintiff.
The owners have also in its e-mail dated 7th April, 2014 informed the plaintiff that unless the cargo is discharged the P and I Club cannot proceed to settle the claim as it is they who will have to assess the damage. Therefore, all that the petitioner seeks is security for the goods damaged and unless such security is furnished the vessel M.V.HAN ZHANG be arrested. The said e-mail by which the plaintiff sought furnishing of security was despatched on 10th April, 2014 at 4.29 P.M. Since then no security has been furnished by the owners of the said vessel which is to leave in the early hours of 12th April, 2014 upon discharge of goods. Accordingly, for non-furnishing of security 3 M.V.HAN ZHANG be arrested as the liability to make payment on account of damage has been accepted by the owners by its e-mail. In the event security for the sum of Rs.7,77,63,152/- is furnished by the owners of the vessel M.V.HAN ZHANG to the satisfaction of the Registrar, Original Side, High Court, Calcutta and intimation of such furnishing of security forwarded to the advocate of the plaintiff the vessel M.V.HAN ZHANG shall stand released from arrest.
Liberty is given to the Marshal to communicate this order by facsimile message to the Master of Vessel M.V.HAN ZHANG so also the statutory authorities.
Marshal, Customs Authority, Port Authorities, Coast Guard and all parties to act on the certified copy.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
( PATHERYA, J.) sb