The court established that a maritime claim for lost cargo under the Admiralty Act justifies vessel arrest, with jurisdiction confirmed as the vessel is present within the territorial waters.

ORDER :

NIRAL R. MEHTA, J.

Learned Advocate Mr. Pankeet P. Aundhiya submitted that the vessel was to arrive at Mundra port and hence, the Mundra port has been joined is defendant No.5; however defendant No.1 vessel is presently at Hazira port and within the jurisdiction of this court and therefore, a draft amendment is tendered.

The draft amendment is allowed. To be carried out forthwith.

2. Learned Advocate Mr.Pankeet P. Aundhiya for the Plaintiff mentioned the present matter for urgent circulation and considering the urgency involved, the present matter is taken up for hearing today.

3. Learned Advocate Mr. Pankeet P. Aundhiya instructed by Mr. Joy Thattil Ittoop for the Plaintiff.

4. Learned Advocate for the Plaintiff has invited the attention of this Court to the averments made in the plaint and submitted that the Plaintiff has filed the present Admiralty Suit seeking arrest of the Defendant Vessel M.V. ESL OMAN (IMO No. 9290799) in connection with a maritime claim arising out of total loss of cargo carried by sea.

5. Learned Advocate for the Plaintiff submitted that the Plaintiff had entrusted shipment of cargo consisting of cigarettes packed in 4 x 40’ High Cube Containers to Defendant No.4 – Emirates Shipping Line FZE, who issued Bill of Lading No. EPIRAEESAD262239 dated 22.01.2025 for carriage of the said cargo from Jebel Ali, UAE to Mersin, Turkey.

6. Learned Advocate for the Plaintiff further submitted that the said cargo was shipped onboard a third-party vessel MV ASL BAUHINIA, which sailed from Jebel Ali on 22.01.2025.

7. Learned Advocate for the Plaintiff submitted that during the course of the voyage, on 28.01.2025, a fire broke out onboard the carrying vessel resulting in total destruction of the Plaintiff’s cargo, and thereafter the Defendant No.4 issued a Certificate of Loss dated 06.01.2026, certifying that the cargo shipped under the aforesaid Bill of Lading had suffered total loss.

8. Learned Advocate for the Plaintiff submitted that the invoice value of the cargo amounts to AED 1,729,863.68, equivalent to Rs.4,33,69,164.10, and despite repeated demands the Defendants have failed to compensate the Plaintiff for the said loss.

9. Learned Advocate for the Plaintiff further submitted that Defendant No.4 – Emirates Shipping Line FZE is a Non-Vessel Owning Carrier (NVOCC) and is a group company of Defendant No.2 – Peter Doehle Schiffahrts-KG, which is the majority shareholder and controlling entity of Defendant No.4.

10. Learned Advocate for the Plaintiff further submitted that the Defendant Vessel M.V. ESL OMAN is beneficially owned, managed and commercially controlled by Defendant No.2 through its group corporate structure, though the registered ownership stands in the name of Defendant No.3 – Linda Shipinvest GmbH & Co KG, which is a sister/subsidiary entity of Defendant No.2.

11. Learned Advocate for the Plaintiff submitted that the Plaintiff’s claim is a maritime claim within the meaning of Section 4(1)(f) of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, being a claim arising out of loss of goods carried by sea.

12. Learned Advocate for the Plaintiff submitted that the present action is maintainable in rem against the Defendant Vessel under Sections 5 (1)(a) and 5(1)(b) of the Admiralty Act, 2017, as the Defendant Vessel is beneficially owned and controlled by Defendant No.2, who is the parent company of the Carrier responsible for the loss of the Plaintiff’s cargo.

13. Learned Advocate further submitted that the Defendant Vessel is expected to call at Mundra Port today, but currently the vessel is in Hazira Port within the territorial waters of India and unless the Defenda