K.R.SHRIRAM
Dreymoor Fertilizers Overseas Pte. Ltd. – Appellant
Versus
m. v. Theoforos-1, a vessel flying the flag of Panama – Respondent
1. On 30.08.2011 the plaintiff obtained an ex-parte order of arrest of the defendant-vessel when she was in the port and harbour of Mundra. On 9.9.2011 the defendant-vessel was ordered to be released when on behalf of the defendant security in the sum of US$ 335,000.00 was furnished. This amount was deposited with Incisive Law LLC, Singapore, as the escrow agent.
2. The reason why the plaintiff filed the suit and obtained the ex-parte order of arrest was that the plaintiff suffered a loss in the sum of Rs.1,31,12,080/- being the cost of 520.300 MT of urea which was allegedly short delivered by the defendant-vessel. It is the case of the plaintiff that pursuant to an agreement dated 25.7.2011, the plaintiff had sold to State Trading Corporation of India Ltd., New Delhi (STC) 50,000/-MT + 10% granular bulk urea at the price of AED 1859.13 per MT C & F FO Mundra. In order, for the plaintiff, to supply this cargo to STC, the plaintiff entered into a contract dated 27.7.2011 with one Indagro SA Geneva for purchase of urea on CFR basis. To supply this cargo, Indagro Contractors S.A., Geneva a group company of Indagro SA Geneva entered into a charter party with one General Shippin
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