JUDGMENT :

Bhargav D. Karia, J.

Heard learned advocate Mr. Prathmesh N. Kamat with learned advocate Ms. Paurmai B. Sheth for the plaintiff, learned advocate Mr. S.P. Majmudar and learned advocate Mr. Zarir Bharucha for the defendant No. 1.

1. This matter was argued for sometime yesterday, however, learned advocate Mr. Majmudar submitted that the owners of the defendant vessel have filed Caveat in the Registry and therefore, the matter is kept today.

2. Today, learned advocate Mr. Zarir Bharucha appearing on behalf of learned advocate Mr. Majmudar submitted that the Caveator is not ready and willing to comply with Rules 29 and 32 of the Bombay High Court Original Side Rules and Forms which are applicable to the admiralty jurisdiction of this Court. In that view of the matter, the Caveator is not permitted to take part in this proceeding.

3. By this Suit, the plaintiff-Navigation Key Inc. has prayed as under:

"a) That this Hon'ble Court be pleased to order and decree against the Defendant vessel to pay to the Plaintiff a principal sum of USD 342,000 towards losses suffered by the Plaintiff on account of breach of the Charterparty by Owners Agreement, together with interest being an amount of USD 674.63 from the date the amount became due till date, and legal costs being an amount of USD 20,000 with further interest at the rate of 18% p.a. on the sum of USD 342,000 from the date of filing of the suit till date of payment and/or realization as per Particulars of Claim;

b) That the Defendant vessel along with her hull, engines, gears, tackle, machinery, articles, things, bunkers, apparel, plant other appurtenances at present lying at Deendayal Port, Gujarat within territorial waters of India, be arrested by a warrant of arrest of this Hon'ble Court and the same be condemned in respect of the claim herein be ordered to be sold along with her hull, engines, gears, tackle, machinery, articles, things, bunkers, apparel, plant, furniture and all other appurtenances and net sale proceeds be applied to the satisfaction of the Plaintiff's claim in the suit;

c) That pending tho hearing and final disposal of the suit, the Defendant vessel along with her hull, engines, gear, tackle, machinery, articles, things, bunkers, apparel, plant, furniture and all other appurtenances at present lying at Deendayal Port, Gujarat within the territorial waters of India, or wherever she is within the territorial waters of India, be arrested by a warrant of arrest this Hon'ble Court;

d) That pending the hearing and final disposal of the suit, the Defendant vessel along with her hull, engines, gear, tackle, machinery, articles, things, bunkers, apparel, plant, furniture and all other appurtenances at present lying at the port and harbor of Deendayal, Gujarat within the territorial waters of India, or wherever she is within the territorial waters of India be ordered to be appraised and sold and the net sale proceeds thereof be ordered to be deposited in this Hon'ble Court to the credit of the Plaintiff's claim;

e) For ad interim reliefs in terms of prayer clause 'c' and 'd';

f) For costs of the suit;

g) For such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

4. The brief facts of the case are as under:

4.1. The Plaintiff approached the Owners for hire of the Defendant vessel for a time period of 3 months, extendable by a further period of 3 months. Pursuant to negotiations between parties on 17th January 2022, the Broker-M/s. Arrk Shipping sent an Email to the Plaintiff sharing the 'clean recap' of the main agreed terms with the plaintiff (hereinafter referred to as the "Charterparty"). The Charterparty stated that all subjects have been lifted. Therefore, the Owners had agreed to let the Defendant vessel on hire as per the agreed terms, i.e. for a time charter of 3 month, extendable by 3 months, +/-20 days at the Plaintiff's option as the Charterer. The Charterparty, inter alia, contemplated that (i) the