A maritime claim can be pursued in rem against a vessel owned by a time charterer, provided the owner is liable for the claim, regardless of applicable insolvency laws.

ORDER :

(R.I. Chagla, J.) :

1. By this Interim Application, the Applicant/Plaintiff is seeking Summary Judgment under Order XIII-A, Rule 1 read with Order XII Rule 6 of the Code of Civil Procedure, 1908 (“CPC”).

2. The present Suit has been filed by the Plaintiff seeking to enforce claims arising out of supplies of bunker made to the Defendant-Vessels – OSV Beas Dolphin; M.V. Sea Jaguar and M.V. ATH Melody. In so far as the Vessels-M.V. Sea Jaguar and M.V. ATH Melody are concerned, the Plaintiff has sought to enforce claims against the Defendant No.2 from the arrest and thereafter sale of the Defendant – Vessel on the ground that the Defendant – Vessel is beneficially owned by Defendant No.2, who at that point in time chartered the aforementioned two Vessels as time charterer.

3. It is relevant to refer briefly to relevant dates and events which are as under:

- The dates and events pertaining to the bunker supplies to the three Vessels are for convenience categorized as Supply-I, II & III :

Supply I (Defendant No.1-Vessel):

(i) By an e-mail dated 28th February, 2019, the Plaintiff issued a confirmation to Defendant No. 3 for a supply of 110MT bunkers to be made to Defendant No.1- Vessel. The Defendant No.3 was the Ship Manager and Commercial Manager of Defendant No.1-Vessel. The Bunker Confirmation recorded, “…Late receipt of funds will incur an interest charge of 2(two) percent per month pro-rated on a daily basis….”. The Bunker Confirmation also recorded that it would be subject to the Plaintiff’s standard terms and conditions of sale.

(ii) On 2nd March 2019, the Plaintiff through its physical supplier (Shiny Shipping & Logistics P Ltd.) supplied 109.350MT of HF HSD to Defendant No.1-Vessel at Mumbai Port. The supply was confirmed/acknowledged by the Chief Engineer of the Defendant-Vessel, as is reflected in the Bunker Delivery Receipt of even date.

(iii) On 4th March, 2019, the Plaintiff raised an invoice (bearing No. S1901198) on Defendant No. 3 for the fuel supplied to Defendant No.1-Vessel. The invoice was for a sum of USD 93,494.25/- and due date under the invoice was 1st May 2019. The Defendant Nos.3 and 4 failed to clear the dues under this invoice.

- Supply II (Sea Jaguar):

(i) The Defendant No. 2 issued a Purchase Order upon the Plaintiff on 15th February, 2019 for two supplies.

1. A supply of 350KL of Fuel (HFHSD) to be made to the Vessel, M.V. Sea Jaguar.

2. A supply of 500KL of Fuel (HFHSD) to be made to the Vessel, AHT Sea Melody.

The Payment Terms recorded in this Order stated that payment would be made within 60 days of the supply.

(ii) By an e-mail dated 17th February, 2019, the Plaintiff issued a confirmation to Defendant No.2 for a supply of 350KL bunkers to be made to Vessel, M.V. Sea Jaguar. The Bunker Confirmation recorded, “…Late receipt of funds will incur an interest charge of 2(two) percent per month pro-rated on a daily basis….” The Bunker Confirmation also recorded th