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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIRAL R.MEHTA
Iships Maritime Llc – Appellant
Versus
Mv Antar (Ex-Name Nour Elhuda(Imo 8801606)) – Respondent
| Table of Content |
|---|
| 1. contractual agreement details and obligations. (Para 2 , 3 , 4 , 5) |
| 2. plaintiff's claims of breach by defendants. (Para 6 , 7 , 8) |
| 3. plaintiff's entitlement to maritime claims. (Para 9 , 10 , 11) |
| 4. assessment of claim's validity for arrest. (Para 12 , 13 , 14) |
| 5. order for arrest issued. (Para 15 , 16 , 18) |
| 6. procedural directives for serving notice. (Para 19 , 20) |
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 the Plaintiff as “buyer” and Nour Elhuda Shipping Co LLC as “seller” entered into a Memorandum of Agreement dated 11th September 2025 for sale of the Defendant Vessel for a consideration of USD 1,555,000 as the vessel approached the end of its trading life. Ld. Advocate submitted that vide an email dated 13th September 2025, the signed Memorandum of Agreement was shared with the Plaintiff.
3. Ld. Advocate Mr. Mehta further submitted that
The court affirmed that a maritime claim exists against a vessel when contractual obligations are not met, allowing for the arrest of the vessel to secure the claim.
The court affirmed the Plaintiff's right to arrest the Defendant vessel based on maritime claim provisions, affirming that contractual breaches and associated sanctions justified immediate action.
The court held that a maritime claim under the Admiralty Act justifies the arrest of a vessel to secure a buyer's interests in case of the seller's breach of agreement.
The Plaintiff established a prima facie maritime claim for total loss of cargo, warranting arrest of the Defendant Vessel under the Admiralty Act, 2017.
The supply of bunkers constitutes a maritime claim enforceable in rem under the Admiralty Act, justifying the arrest of the vessel for non-payment.
A breach of contract in maritime agreements may support claims for damages and penalties under the Admiralty Act 2017, classifying such disputes as maritime claims.
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.
The court reinforced that non-compliance with maritime contract terms grants the claimant the right to secure an arrest of the vessel to recover losses incurred due to breach.
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