Gujarat High Court
Dan Bunkering (Monaco) S A M vs M V Evangelia M (Imo:9506708 ) on 27 March, 2015
Author: S.R.Brahmbhatt
Bench: S.R.Brahmbhatt
O/AS/7/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ADMIRALITY SUIT NO. 7 of 2015
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DAN BUNKERING (MONACO) S A M....Plaintiff(s)
Versus
M V EVANGELIA M (IMO:9506708 )....Defendant(s)
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Appearance:
MS PAURAMIB SHETH, ADVOCATE for the Plaintiff(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
Date : 27/03/2015
ORAL ORDER
1. The learned advocate Ms. Paurami B. Sheth made a request for urgent circulation of this matter on account of likelihood of the defendant vessel selling from the shore of India and in that view of the matter, permission was granted and the matter was circulated today itself after recess.
2. On hearing Ms. Paurami Sheth advocate for the plaintiff and upon reading the plaint herein declared at Ahmedabad on 27.03.2015 filed by the advocate for the plaintiff herein and the affidavit of Shri Raju Desai, Authorised Person of the plaintiff above named affirmed on 27.03.2015 and upon hearing counsel for the plaintiff and upon the plaintiff giving an undertaking in writing to the Registrar of this Hon'ble Court to pay such sums by way of damages as this Hon'ble Court may award as compensation in the event of the defendants and/or any party sustaining prejudice by this order, I do order that the Registrar of this Hon'ble Court do issue a warrant for the arrest Page 1 of 3 O/AS/7/2015 ORDER of the defendant vessel, M.V. EVANGELIA M, along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furnitures, equipments and all appurtenances, at present lying at the Port and Harbour of Sanghi 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 and the Customs Authorities at Sanghi do effect the arrest, seizure or detention of the defendant vessel, M.V. EVANGELIA M at the Port and Harbour of Sanghi 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 Hon'ble Court the principle claim amounting to a sum of USD 12,213.65 plus interest at the rate of 2.5% pm from due date of invoice till realization and cost of litigation in India aggregating the sum of USD 15,213.65 as per particulars of claim the said Warrant of Arrest shall not be executed against the defendant vessel M.V.EVANGELIA M.
3. The Port Officer and the Customs Authorities for Port Sanghi are directed to arrest the vessel M.V.EVANGELIA M at present lying at Port and Harbour of Sanghi within the territorial waters of India and to keep the vessel under arrest until further orders of this Court. It is further ordered that the Port Officer and the Customs Officer at Sanghi shall render all assistance to the plaintiff or its representative in effecting the warrant of arrest on the vessel M. EVANGELIA M.
4. It is open for the plaintiff's advocate to communicate the above order by message/Email at their own cost and the authorities are directed to act on fax/Email message.
Page 2 of 3O/AS/7/2015 ORDER
5. The undertaking filed by Shri Raju Desai, Authorised Person of the plaintiff is taken on record.
6. Notice to the defendant returnable on 1st April, 2015. It is made clear that it will be open for the defendant to approach this Court even prior to the returnable date with adequate notice to the plaintiff.
7. Officer is directed to serve the warrant of arrest on the Master of the Vessel M.V. EVANGELIA M or through the agent of the vessel and send copy thereof to Port and Customs Authorities for Port Sanghi.
Direct service is permitted today.
(S.R.BRAHMBHATT, J.) Vahid Page 3 of 3