R.M. CHHAYA, J.

Learned Advocates Ms. Paurami Sheth mentioned this matter for urgent circulation today. The permission is granted for urgent circulation and suit is taken up for hearing for urgent interim orders as the Defendant Vessel is likely to sail away. Leave to amend para 4 of the plaint.

2. Learned Advocate Ms. Paurami Sheth submitted that as per the Agreement entered between the Plaintiff and various parties including shareholders of Nikiforos Shipping S.A for financing purchase of three ships including the Defendant Vessel (earlier known as M.V Go Trader) and loan Agreement between the shipping companies and Eurobank Ergasias SA, the Plaintiff advanced a sum of USD 800,000 being its share and fulfilled its obligation under the said agreement, that under the said Agreement the Plaintiff has a hypothecation/charge on the vessel and shall require previous written consent of the Plaintiff even for purchase or sale of the vessels or any other vessel owned by the shipping companies including the Defendant Vessel, that the managers of the vessels including the Defendant Vessel, Marine Spirit Management SA addressed an email to the Plaintiff informing them about sale of the Defendant Vessel, that since no written consent of the Plaintiff before the sale of the vessel was obtained, sell of the vessel would be bad in law and null and void and would not affect the rights of the plaintiff under the Agreements, that since the plaintiff resisted and also put all concerned on notice, the owners of the Defendant Vessel and other parties approached the Plaintiff for settlement and executed Private Settlement and Release Agreement for the Defendant Vessel and agreed to fulfill all conditions and their obligation, that the Plaintiff made fulfillment of all the conditions of Private Settlement and Release Agreement but the Owners failed to adhere to their obligations as a result the Plaintiff is entitled for all his rights under the earlier agreement Plaintiff filed a suit for recovery of their claim amount before the Multimember Court of First Instance of Piraeus which is pending before the Court of Piraeus, that as the Defendant Vessel was only security, when she was called at Cotonou Port in Benin, near Nigeria, the Plaintiff got her arrested. However the Cotonou Court later on released the vessel holding that that the present claim does not arise out of agreement relating to use or hire of any ship whether contained in charter party or otherwise while applying Brussles Convention, 1952, only applicable Convention, that before the Plaintiff could file an appeal before the Cotonou courts, the Defendant Vessel sailed away from the African jurisdiction, without securing the claim of the Plaintiff, that the Defendant Vessel has now come to Dahej Port, that the Plaintiff is entitled to initiate action in rem for maritime claim which has arisen on account of hypothecation of the Defendant Vessel under Conventions and prayed for arrest of defendant vessel for securing its dues.

3. Upon hearing Ms. Paurami Sheth, Learned Advocate for the plaintiff and upon reading the plaint herein declared at Ahmedabad on 04.12.2017 filed by the advocate for the plaintiff herein and the affidavit of Mr. Rohit Dhulabhai Parmar, Authorised Signatory of the Plaintiff above named affirmed on 04.12.2017 and upon hearing counsel for the plaintiff and upon the Plaintiff giving an undertaking in writing to the Registrar of this Court to pay such sums by way of damages as this Court may award as compensation in the event of the defendants sustaining prejudice by this order, I do order that the Registrar of this Court do issue a warrant for the arrest of the defendant vessel, MV NIKIFOROS (IMO 9108116) along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furnitures, equipments and all appurtenances, at present lying at Dahej Port within the Indian territorial waters and that the Warrant of Arrest be executed at any time of the da