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2024 Supreme(Guj) 470

NIRZAR S. DESAI
Privillion Management Limited – Appellant
Versus
MT Kelsie (IMO No. 9016923) – Respondent


Advocates:
Advocate Appeared:
For the Plaintiffs : Anshin Desai, Parth.
For the Defendants : S.N. Soparkar, Manav Mehta.

JUDGMENT :

NIRZAR S. DESAI, J.

1. By way of this Admiralty Suit, the plaintiff has prayed for the following reliefs:

    “(a) That the Defendant be ordered and decreed to pay to the Plaintiff a sum of USD 780,386.96/- being the amounts paid by the Plaintiff for the Defendant Vessels maintenance, repair and crew wages, along with interest @ 5% p.a. on the said amount, being an amount of USD 30,574.06 (i.e. from 21.07.2023 which is the date of institution of the proceedings in Malaysia until 01.05.2024) and further interest pendente lite till the actual payment of the said amounts.

(b) That the Defendant be ordered and decreed to pay to the Plaintiff a sum of USD 87,074.57 being the costs and expenses incurred by the Plaintiff at the High Court of Malaya and thereafter incurred by the Plaintiff pursuant to the Defendant Vessel breaking arrest, along with interest @ 5% p.a. on the said amount, being an amount of USD 3,411.41 (i.e. from 21.07.2023 which is the date of institution of the proceedings in Malaysia until 01.05.2024) and further interest pendente lite till the actual payment of the said amounts.

(c) This Hon'ble Court may be pleased to order and direct the arrest of the Defendant Ves

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