Andhra Pradesh High Court - Amravati
Ennero Dmcc vs Summer Sea Imo No.9639763 on 2 May, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA
{Ordinary Original Civil Jurisdiction) *
{Admirally Jurisdiction)
THURSDAY, THE SECOND DAY OF MAY,
TWO THOUSAND AND TWENTY FOUR
-PRESENT:
HONOURABLE MS JUSTICE B 8 BHANUMATHI
COMMERCIAL SUIT NO: 2 OF 2023
Between:
Ennero OMCC, A company incorporated under the relevant laws of the Unifed
Arab Emirates, having their office at JBC1, Unit 2202 - 2203, Cluster ,
dumeirah Lake Tower, PQ Box 395409, Dubai, UAE, Represented by is
Authorised Representative, Mr.U. Subrahmanya Sarma.
in
Ba
Plainti
AND
SUMMER SEA (MO NO.9639783}, a Vessel flying the Marshall Islands
Flag, IMO No. 9639783, along with all her hull, engines, gears,
machinery, tackles, apparels, and paraphernalia, presently lying at the
Krishnapainam Port, Andhwa Pradesh in the territorial waters of india,
within the Adrniralty Jurisdiction of this Hor'ble Court, Rep. by its
Master, .
HONOR SUMMER SEA LTD, Care of Pretty Sea Ship Management Co
Lid, Room 1008-1012, China Merchants Tower, Shun Tak Centre, 168-
200, Connaught Road Central, Central, Hong Kong, China.
KRISHNAPATNAM PORT LIMITED, Company Registered under the
Companies Act, Having office at Adani Corporate House, Shantigram,
Near Vaishno Devi Circle, S. G. Highway, Shodiyar Anmedabad
Ahmedabad G.) 382421 Rep. by iis Managing Director and Chie?
Executive Officer,
.. efendants
ELC
Roar
satatetatatatatetetatatat SRS
WHEREAS the Plaintiff has presented this Plaint under Order XLU Rule
2 Original side of its admiralty jurisdiction, through fs coun mSVS.S Siva
Ram, praying that in the circumstances stated in the memorandum of grounds
filed in support of the Commercial Sulf, he High Court may be pleased to
pass a fudgment & Decree in his favour and against the defendants,
a. That the Defendants, jointly and/or severally, be ordered, directed
and decreed fo pay fo the Plaintiff the sum of INR 3,54.¢ SO, 246%, along with
further interest at the rate of 226 per month from the date of the Suit aH
paymentrealization, plus costs, as per the Plaintiffs Particulars of Clair
EXHIDIE US hereto.
b. That the Defendant No. 1 Vessel Summer Sea GMO No. $6397 83},
together with her hull) engines, gears, mac yoery, tackles, anoarels, and
'paraphemalia, at present at the Krishnapatnam Port, or wherever she is WRN
the territorial waters of India, be arrested oy a Warrant of Arrest of this Hon'bie
Gaurt and the same be condemned in respect of the Claim herein and be
ordered to be sald along with her hull, engines, gears, machinery, tackles
apparels, and paraphermalia and the nef sale proceads thereof be ordered fo
be applied fo the satisfaction of the Plaintiffs claim herein and the cost of this
Suit.
&. That pending the hearing and final disposal of this aul, the
Defendant No. | Vessel, Summer Sea (MO No. 9838763), together with her
Aull, engines, gears, machinery, tackles, apparels, and paraphernalia at
Krishnapatnam Part, or wherever she is within the territorial waters of india, be
aresied by a Warrant of Arrest of this Hon'ble Court
a. That pending the hearing and final disposal of this oul, the Defendant
No. 1 Vessel, Summer Sea (IMO no. 8699783) together with her Aull, SANs,
gears, machinery, tackles, apparels, and paraphernalia at the Krish: apsinamM
SERIA ROLLER EEE EECA EAE eal edie
Fort or wherever she is within the territorial waters of India, be ordered to be
appraised and sold and the net Sale Proceeds thereof be ordered in be
deposited in this Hor'ble Court to the credil of this Suit.
@. For costs of this Suit.
IA NO: 1 OF 2633
Patition under Order 38 Rule 1 & 2 of C.P.C., praying that in the
clroumsiances staled in the affidavit filed in support of the petition, the High
Court may be pleased to order, thal pending the hearing and final disposal of
the sul, the Respondent No. 7 vessel SUMMER SEA (IMO NO. 9639753},
together with her hull, engines, gears, tackle, machinery, articles, things,
boats, bunkers, apparel, plant, furniture, fbdures, equipment, paraphernalia
and al other appurtenances af present lying af the port and harbour of
KRISHNAPATNAM within the terrtorial waters of India, or wherever she is
within the territorial waters of India,. be arrested by a Warrant of Arrest of this
Hon'ble Coun, Pending disposal of COMS No. 2 of 2023, on the fe of the
High Court. |
The Commercial Suit coming on for hearing, upon perusing the Suit
and the memorandum of grounds filed In support thereof and the order of the
High Gourt dated 19.10.2023 made in LA.No.1 of 2023 in C.O.M.S.No.2 of
2023 and upon hearing the arguments of Sn S.V.S.S Siva Ram, Advocate for
the Plainiif, the Court made the following
ORDER:
"Since it is represented by the learned counsel for the 1° dafendant that an amount of Rs.3,54,90,246/- was kept in court deposit aS &@ securily as per order dated 18.10.2023, Registry ia directed fo keep if in interest carrying fixed deposit (in a nationalized bank}, f is not kept in fixed deposit so far.
List on OOF .2024,"
SO. SYSR MURTHY JOINT REGISTRAR "SECTION c OFFICER To
3.The Registrar Judicial), High Court of Andhra Pradesh at Amaravati
2.The Principal District Judge, SPSR Neliare District (OY SPEED POST}
3. The Port Officer, Krishnapainam Port, SPSR Nellore District (BY SPEED POST)
4.The Master SUMMER SEA (MO NO.9539763), 4 Vessel flying the Marshall islands Flag, IMQ no, 8638783, alo ong with all her Aull, engines, gears, Machinery, tackles, apparels, and paraphernalia, presently lying at the Krishnapainam Port, Andhra P radesh | in the territorial waters of india, within the Admiralty Jurisdiction of this Hamble Court S.HONOR SUMMER SEA LTD, Care of Pretly Sea Ship Managernent Co Lid, Room 1008-1042, China Merch yanis Tower, Shun Tak Centre, 188- 200, Connaught Road Central, Central, Hon ig Kang, China €.The Managing Director and £ Shik Eeout ive Officer, KRISHNAPATNAM ORT IMITED, Company Registered under the Companies Act, Havin 6 office at Adani Corporate House, Shantigram, Near Vaishno Devi C cls, S. G. Highway. Khodlyar Ahmedabad Ahmedabad GJ S8sa2%, (Addresses 4f{o ¥ by SPEED POST!) EMAILAWhatsann) ?.One CC to Sri SVS S Siva Ram, Advacate POPUC] a One CO fo Mis "indus Law Firm, Advocate fOPUC] $.The Deputy Regi strar-cumDrawing & Disbursing Officer, High Court of AP. Amaravathi, .
1. The Section officer, O.S Section, High Court of Andhra Pradesh
14. The Section officer, Accounts Section, High Court of Andhra Pradesh
72. One spare copy CVSS "ge HIGH COURT S58, DATED 02/08/2024 LISt ON 04.07, 2024.
ORDER COMS.No.2 of 2023 CIRECTION