The supply of bunkers constitutes a maritime claim enforceable in rem under the Admiralty Act, justifying the arrest of the vessel for non-payment.

ORDER :

Niral R. Mehta, J.

Learned Advocate Mr. Manav Mehta mentioned this matter for urgent circulation today and considering the urgency involved, the present matter is taken up for hearing today.

1. Heard Learned Advocate Mr. Manav Mehta for the Plaintiff.

2. Ld. Advocate Mr. Mehta for the Plaintiff has placed reliance on the averments made in the plaint and submitted that on or around October 2025, one Aum Commodities FZCO as managers and agents of the owners of the Defendant Vessel approached the Plaintiff on behalf of the Defendant Vessel and/or owners and/or charterers and/or managers and/or operators for supply of 500 Mts. of fuel oil ("Bunkers") to the Defendant Vessel at Trinidad, Pointe A Pierre on 2-3 October 2025. The Ld. Advocate submitted that the supply was confirmed by the Plaintiff and a bunker confirmation was issued by the Plaintiff wherein the Buyers were stated to be "Master and / or Owners and / or Managing Owners and/or operators and/or charterers of MV Honcho and/or Aum Commodities FZCO". It is further submitted that the said confirmation also mentioned that the supply will be as per the Plaintiff's general terms and condition(Standard Terms and Conditions for the Sale of Marine Bunker Fuels, Lubricant and Other Products) which are available on https://hms-ag.com/gtc-marine-fuels/.

3. Learned Advocate Mr. Mehta further submitted that on 13 October 2025, the Plaintiff through its physical supplier supplied 500.34 Mts. of bunkers via Marine Bunker Receipt dated 13 October 2025 to the Defendant Vessel at Pointe A Pierre Port.

4. Learned Advocate Mr. Mehta further submitted that the Master/Chief Engineer of the Defendant Vessel acknowledged the said Bunkers by endorsing upon the Bunker Delivery Note and accepted without raising any protest and/or demur.

5. Learned Advocate Mr. Mehta further submitted that Pursuant to the supply of bunkers to the Defendant Vessel, the Plaintiff issued Invoice dated 14 October 2025 bearing no. RA25D0011 on account of the Defendant Vessel and/or owners/ charterers/ disponent owners/ Managers/ Aum Commodities FZCO for an amount of USD 340,231.20. Ld. Advocate submitted that the Invoice provided that the due date of the invoice was 27 November 2025.

6. Ld. Advocate Mr. Mehta for the Plaintiff further submitted that due date for Invoice was 27 November 2025 but the Defendant Vessel and/or owners/charterers/ Disponent owners/ Managers/ Agents and/or Aum Commodities FZCO have failed and neglected in making outstanding payment.

7. Ld. Advocate Mr. Mehta further submitted that Aum Commodities FZCO as managers/agents of the registered owner and the Defendant Vessel has admitted and acknowledged the liability to pay. Ld. Advocate further submitted that despite repeated reminders by the Plaintiff to make the outstanding payment, the Defendant Vessel and/or owners/ charterers/ Disponent owners/ Managers/Agents and/or Aum Commodities FZCO have failed and neglected to make the payment.

8. Ld. Advocate Mr. Mehta further submitted that the Defendant Vessel and her Owner are jointly and severally liable to the Plaintiff and that the Plaintiff is entitled to for payment for its claim for the principal amount of USD 340,231.20 along with interest at the rate of 2% per month amounting to USD 20,413.87 calculated from the due date of the invoice, i.e. 27 November 2025 till the date of the suit together with legal cost of USD 12,000 aggregating to USD 372,645.07 with further interest on USD 340,231.20 at the rate of 2% per month from the date of the suit till payment as per particulars of claim and for security of the said claim.

9. Learned Advocate Mr. Mehta further submitted that the Plaintiff's claim arises by reason of bunkers supplied to the Defendant