K.R.SHRIRAM
Siem Offshore Redri AS – Appellant
Versus
Altus Uber – Respondent
1. This notice of motion is taken out by one Marine Engineering Diving Services (FZC) [hereinafter referred to as MEDS] on behalf of defendant vessel, for setting aside/recall of the order of arrest dated 1st June 2018 and releasing defendant vessel – Altus Uber from arrest.
2. Plaintiff had obtained an ex-parte order of arrest on 1st June 2018 from the vacation Judge. Defendant is an offshore supply vessel/ platform vessel flying the flag of Liberia and presently at Mumbai within the territorial waters of India and within admiralty jurisdiction of this Court. According to plaintiff, defendant vessel is owned by MEDS and MEDS has denied this fact. According to MEDS they are only the bareboat charterers of the vessel and the owner is someone else – Swordfish Shipco Limited.
3. Plaintiff has filed this admiralty suit, inter alia, for recovery of amount of USD 28,889,304/- which includes charter hire in the sum of USD 6,797,554/- and claim for capital value of a vessel in the sum of USD 22,061,750/- together with further interest and costs. It is plaintiff's case that plaintiff had entered into a bareboat charter-party dated 13th May 2015 (said bareboat charter-party) with the
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