1. Heard Mr. Manav A. Mehta, learned advocate for the plaintiff and perused reading the plaint herein declared at Ahmedabad on the 26th day of April, 2012 filed by the learned advocate for the plaintiff herein and the affidavit of Shri Mahendra Amrutlal Jobanputra, Constituted Attorney of the plaintiff above-named, affirmed on the 27th day of April, 2012.
2. Mr.
Manav A. Mehta, learned advocate for the plaintiff submitted that the claim is with respect to supply of the necessaries supplied on the faith and credit of the defendant vessel.
3. Having heard the learned advocate for the plaintiff, on going through the record and considering the prima facie case established by the plaintiff and upon the plaintiff giving an undertaking in writing to the Registrar of this Court to pay such sums by way of damages as this Court may award as compensation in the event of the defendant and/or any party sustaining prejudice by this order, I DO ORDER THAT the Registrar of this Court DO ISSUE a warrant for the arrest of the defendant vessel M.V. DOBRUSH 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 Kandla 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 at Kandla and the Customs Authorities at Kandla do effect the arrest, seizure or detention of the defendant vessel M.V. DOBRUSH at the Port of Kandla 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 Court a sum of USD 16,939.30 (United States Dollar Sixteen Thousand Nine Hundred Thirty Nine and Thirty only) with contractual interest thereon @ 24% per annum from the date of the date of the institution of the suit till payment/realisation the said Warrant of Arrest shall not be executed against the defendant vessel M.V. DOBRUSH.
4. The Port Officer and the Customs Authorities at Kandla are directed to arrest the vessel M.V. DOBRUSH at present lying at Port or anchorage of Kandla 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 Kandla shall render all assistance to the plaintiff or its representative in effecting the warrant of arrest on the vessel M.V. DOBRUSH.
5. It is open for the plaintiff's advocate to communicate the above order by fax message at their own cost and the authorities are directed to act on fax message.
6. The undertaking filed by Shri Mahendra Jobanputra, Constituted Attorney of the plaintiff.
7. NOTICE to the defendant returnable on 12.6.2012. 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.
8. Office is directed to serve the warrant of arrest on the Master of the Vessel M.V. DOBRUSH or through the agent of the vessel and send copy thereof to Port and Customs Authorities at Kandla.
Direct service is permitted today.
[R.M.CHHAYA, J.] mrpandya Top