Calcutta High Court
Ray Metal Asia Pte. Ltd vs The Owners And Parties Interested In The on 1 October, 2010
Author: Patherya
Bench: Patherya
GA No. 3117 of 2010
AS NO.6 OF 2010
IN THE HIGH COURT AT CALCUTTA
ADMIRALTY JURISDICTION
ORIGINAL SIDE
RAY METAL ASIA PTE. LTD.
Versus
THE OWNERS AND PARTIES INTERESTED IN THE
VESSEL M.V.VAN NICE
BEFORE:
The Hon'ble JUSTICE PATHERYA
Date : 1st October, 2010.
MR.RATNANKO BANERJEE, MR.K.R.THAKKER, MR.S.DEY, ADVOCATES FOR THE PLAINTIFF MR.SWATARUP BANERJEE, MR.S.ROY, MS.A.DAS, ADVOCATES FOR THE DEFENDANT The Court : In a suit for damages and loss of profit this interim application has been filed for reliefs.
In view of repudiation of the time charter party trip by the owners of the said vessel, the petitioner had been deprived of the benefit of the contract and hence the instant suit has been filed under various heads including reimbursement of port charges and loss of damage suffered. As the parties have, in view of the arbitration clause, initiated arbitral proceedings, the petitioner is entitled to its claim being secured. Accordingly, the vessel "M.V.Van Nice" be arrested. Such arrest will continue till the owners of the vessel are able to furnish a letter of 2 readiness and willingness for the entire sum claimed by the petitioner by a recognized scheduled bank.
Upon such letter of readiness and willingness being furnished to the Marshal the order of arrest will stand vacated. In case no such letter of readiness and willingness is furnished, the order of arrest will continue till 6th October, 2010.
The form of such letter of readiness and willingness be identical, except in respect of the sums mentioned therein, with the letter dated 23rd September, 2010, which is kept on record.
This order is passed without prejudice to the rights and contentions of the owners of the said vessel including their right to file an application for reduction of the said amount, if so entitled in law. In the event, the letter of readiness and willingness is issued by the owners of the said vessel such communication be made to the Master of the vessel by the Marshal by facsimile message forthwith. Copy of such letter be also forwarded to the petitioner's advocate.
Leave is granted to the petitioner to correct prayers
(a) and (b) of the plaint.
Matter to appear in the list on 5th October, 2010. Marshal, Port Authorities, Customs Authorities, Registrar and all parties concerned are to act on a photostat signed copy of this order on the usual undertakings.
( PATHERYA, J.) sb/ Assistant Registrar(C.R.)