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2014 Supreme(Bom) 1106

K.R.SHRIRAM
Rushab Ship International LLC – Appellant
Versus
M. V. Africa Eagle – Respondent


Advocates Appeared:
Shri Pradeep Sancheti, Senior Advocate with Mr. Bomi Patel, Ms. Priyanka Desai, Advocates I/b. M/s. K. Ashar & Co., Advocates for the Plaintiff/Applicant.
Shri V.K. Rambhadran with Mr. Ashish Kamat, Ms. Stuti Murarka, Advocates i/b M/s. Crawford Bayley & Co., Advocates for Defendant No.3.

JUDGMENT

K.R. SHRIRAM, J.

1. As the defendant no.2 vessel was in the Port of Mumbai, the plaintiff filed this suit for arrest, sequestration, condemnation and sale of the bunkers on board defendant no.2 vessel and arrest and deposit of freight due for transportation of cargo that was laden on defendant no.2 at the port of Mumbai for securing the plaintiff's claim in arbitration proceedings for a sum of US$ 8,16,531.22, accrued interest of US$ 9,684.96 and costs in the sum of US$ 1,00,000/- for the present proceedings. The plaintiff after filing the suit invoked the arbitration proceedings under the charter party dated 16/03/2012. It is pertinent and very necessary to note that the plaintiff has not filed the present suit claiming that they are entitled to a decree in their favour against the defendants for any sum whatsoever. The suit is confined to seeking security pending arbitration. The prayers in the suit are as under:

(a) That Bunkers onboard Defendant No.2 vessel be arrested and detained by a Warrant of Arrest of this Hon'ble Court, as security for the Plaintiff's claim in the arbitration to be commenced and for interest, expenses, cost and poundage.

(b) That Bunkers onboard D
























































































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