1. Heard Mr.Utkarsh Jani, learned advocate for the plaintiff. It is submitted that the plaintiff, which is a Company organized under the laws of Germany, has supplied "necessaries" and material for the maintenance and repairs of the defendant-Vessel MV "Mikaeel" which is under the care of Alunited Maritime Pte. Ltd., a Company registered in Singapore. That there are outstanding dues of Rs.9,60,000/- (13,411.58 EURO), that according to the plaintiff are due and payable to it on account of the "necessaries" and spares for the maintenance of the defendant-Vessel, supplied by it. The learned advocate for the plaintiff has drawn the attention of the Court to communication dated 02.04.2012, addressed on behalf of the defendant, i.e. Caretaker of the Vessel Alunited Maritime Pte. Ltd., to the owner of the defendant-Vessel. On a perusal of the same, it appears that the supplier i.e. the plaintiff has demanded immediate settlement of its outstanding amounts as per the invoices. By way of the said communication, the owner of the defendant-Vessel has been informed by the Caretaker of the Vessel that if the rightful dues to the plaintiff are not paid, the plaintiff would be initiating legal action.
2. It is submitted by the learned advocate for the plaintiff that the defendant-Vessel is presently at Port at Kandla and, as per his instructions, is to sail away by the evening of 24.06.2012. It is contended that if the Vessel is permitted to leave the territorial waters of this country, it would be difficult for the plaintiff to recover the amount for the "necessaries" and material supplied for the repairs of the defendant-Vessel.
3. Having heard the learned counsel for the plaintiff and upon the perusal of the material on record, it prima-facie appears that the plaintiff has supplied material in the form of "necessaries" and spares for the repair and maintenance of the defendant-Vessel. Hence, the following order:
(i) The defendant-Vessel MV "Mikaeel" shall furnish a Bank Guarantee in the sum of Rs.9,60,000/- within a period of twenty-four hours from the receipt of a copy of this order. If the Bank Guarantee is not furnished within the stipulated period of time, the defendant-Vessel MV "Mikaeel" shall not be permitted to leave the Kandla Port or the territorial waters of this country.
(ii) In the event that the defendant-Vessel MV "Mikaeel" furnishes the Bank Guarantee, as stipulated hereinabove, she shall be permitted to sail from Kandla Port.
(iii) The Kandla Port authorities and Customs authorities shall not grant permission to MV "Mikaeel" to leave Kandla Port until and unless the Bank Guarantee is furnished, as directed hereinabove.
4. Notice to the defendant, returnable on 27.06.2012.
5. It is open to the defendant to approach this Court even prior to the returnable date by giving an advance notice to the plaintiff and/or its advocate for necessary modification of this order.
Direct Service of this order, today, is permitted.
Service by Fax at the cost of the plaintiff is also permitted.
The plaintiff shall serve a copy of this order upon the Customs and Port authorities.
(Smt.Abhilasha Kumari,J) arg Top