1. The present matter was mentioned and as the circulation was permitted, the matter is listed today.
2. Heard learned Senior Advocate Mr. Mihir Thakore with learned advocate Mr. Bijal Chhatrpati appearing for Singhi & Company for the plaintiff in Admiralty Suit No.6 of 2012. Mr. Mihir Thakore, learned Senior Advocate appearing for the plaintiff submitted that the order of arrest of m.v. "ACX HIBISCUS" together with her hull, tackle, engines, gears, machinery, bunkers, apparel, furniture, equipment, paraphernalia and appurtenants is required to be passed against the claim of the plaintiff in Admiralty Suit No.6 of 2012. He further submitted that it is apprehended that the m.v. "ACX HIBISCUS" will be sold to a ship breaker and will be beached at Port of Alang, Bhavnagar, Gujarat for demolition and that if the Defendant vessel is beached, it will be fully demolished in a short span of time, rendering the Plaintiff's suit infructuous. Mr. Mihir Thakore has relied upon the judgment of the Apex Court in the case of Videsh Sanchar Nigam Ltd. Vs. M.V. Kapitan Kud, reported in AIR 1996 SC 516 and has further submitted that the plaintiff has a prima facie case and if the order of arrest is not passed as prayed for, the plaintiff shall suffer irreparable loss and injury. After hearing learned Senior Counsel for the plaintiff, it appears that there is a claim of loss and damages of USD 22,19,000/- to the plaintiff being the amount claimed by the Plaintiff from the Defendant Vessel. I have gone through the plaint and after hearing learned Senior Counsel for the plaintiff, it prima facie appears that the plaintiff is entitled to claim security from owners of m.v. "ACX HIBISCUS". Learned Senior Counsel for the plaintiff accordingly submitted that unless m.v. "ACX HIBISCUS" together with her hull, tackle, engines, gears, machinery, bunkers, apparel, furniture, equipment, paraphernalia and appurtenants is arrested, the plaintiff would suffer irreparable loss in the event m.v. "ACX HIBISCUS" is permitted to be beached without furnishing the security and that in such a situation the plaintiff will have no scope to realise the amount. Therefore, considering the prima facie case established by the plaintiff, I am of the view that the plaintiff will be put to irreparable loss and injury and therefore, it is necessary to arrest m.v. "ACX HIBISCUS" presently lying in the waters of Port of Alang, Bhavnagar, Gujarat in connection with the claim raised in Admiralty Suit No.6 of 2012.
3. I do order that the Registrar of this Court do issue an order for arrest of m.v. "ACX HIBISCUS" together with her hull, tackle, engines, gears, machinery, bunkers, apparel, furniture, equipment, paraphernalia and appurtenants at present lying in the waters of Port of Alang, Bhavnagar, Gujarat 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 Customs Authorities at Port of Alang, Bhavnagar, Gujarat do effect the arrest m.v. "ACX HIBISCUS" at Port of Alang, Bhavanagar, or such other place where ever she may be within territorial waters of India and I do further order that if Defendant Vessel and/or those interested in her deposit in this Court a sum of USD 22,19,000/- together with interest @ 15 % p.a. from the date of filing of the suit till payment/realisation to the satisfaction of the Registrar of this Court as security towards the satisfaction of the plaintiff's claim in the suit and a sum of Rs.10,000/- towards the cost of the suit, I do further order that the said warrant of arrest shall not be executed against the defendant.
4. The Port Officer and the Customs Authorities at Alang, Gujarat are directed to arrest the vessel m.v. "ACX HIBISCUS" at present lying at Port of Alang, Bhavnagar, Gujarat 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 Authorities at Alang, Gujarat shall render all assistance to the plaintiff in effecting the arrest of warrant on the vessel m.v. "ACX HIBISCUS".
5. It will be open for the Plaintiff's Advocate to communicate the above order by fax or through email at their own cost to the authorities and the authorities are directed to act on fax copy of the order or on the scanned copy of the order sent through email.
6. The undertaking of the Plaintiff be filed as per Code of Civil Procedure, 1908, or such other and further undertaking as may be directed by the Court be filed by the Plaintiffs. Such undertaking and/or such further as may be directed by the Court be filed by the Plaintiff on or before 7.5.2012.
7. Notice to the defendant returnable on 14.6.2012. It is made clear that, it will be open for the Defendant to approach this Court even prior to the returnable date, by giving 48 hours advance notice to the Plaintiff and/or its Advocates for necessary modification of this order.
8. Office is directed to serve the warrant of arrest on the Master of the vessel m.v. "ACX HIBISCUS" through her agent and send a copy thereof to the Port Officer and the Customs Authorities at Alang, Gujarat.
[R.M.CHHAYA, J.] mrpandya Top