IMPORTANT POINT
Maritime liens, while surviving ownership changes, are extinguished after six months unless the vessel is arrested, and claims must be filed within this period to be maintainable.

JUDGMENT :

PRAYER: Plaint filed under Order XLII Rule III of the High Court Original Side Rules for the following reliefs:

a) For a sum of Rs. 2,73,802/- together with interest on Rs.1,85,002/- at the rate of 24% per annum from the date of plaint till the date of realization in full;

b) For arrest and sale of the vessel M.V. Anushree Fame (Ex-Royal Pisces), in as is where is condition, together with her engines, gears, tackles, bunkers, machinery, apparel, plant, furniture and other paraphernalia presently berthed at the port of Tuticorin, Tamilnadu;

c) For a direction to adjust the sale proceeds against the suit claim with interest and costs;

d) For costs of this suit.

This suit has been filed under the Admiralty jurisdiction against the defendant vessel "M.V.Anushree Fame (Ex-Royal Pisces)" when the vessel was berthed at the port of Tuticorin, Tamilnadu. The plaintiff claims to be a steamer agent. The defendant vessel "M.V.Anushree Fame (Ex-Royal Pisces)" was earlier owned by M/s.SKS Logistics Ltd.. M/s.SKS Logistics Ltd., the ex-owner of the defendant vessel had appointed the plaintiff as a steamer agent when the defendant vessel was at Visakhapatnam and the plaintiff claims to have rendered certain services, including payment of Port dues on behalf of M/s.SKS Logistics Ltd. for the defendant vessel when the ship was named "Ex-Royal Pisces".

2. As seen from the plaint averments, admittedly, the services rendered for the defendant vessel in the month of August, 2008 was on a request made by the ex-owners of the defendant vessel, M/s.SKS Logistics Ltd.. The defendant vessel sailed out of Visakhapatnam Port after taking the services of the plaintiff who had acted as a steamer agent for the said vessel at the instance of M/s.SKS Logistics Ltd., the ex-owners. According to the plaintiff, certain sums of money which were paid to the Visakhapatnam port trust by the plaintiff remains unpaid by the ex-owners of the defendant vessel. The defendant vessel also sailed out of the port of Visakhapatnam in the month of August, 2008 after taking the services of the plaintiff. Since the payment made by the plaintiff to the Visakhapatnam Port Trust was not reimbursed, the plaintiff has filed this suit under the Admiralty Jurisdiction, seeking arrest of the defendant vessel which had subsequently arrived at the port of Tuticorin, Tamil Nadu in the month of August, 2010 but admittedly under a different ownership.

3. The plaintiff has also admitted in the plaint that the ownership of the defendant vessel was changed subsequent to the services rendered by the plaintiff to the very same vessel in the year 2008 at the Port of Visakhapatnam. In paragraph No.3 of the plaint, the plaintiff has admitted that the defendant vessel has been sold to a third party and the name of the defendant vessel has been changed from "M.V.Royal Pisces" to "M.V.Anushree Fame".

4. The plaintiff claims maritime lien over the defendant vessel as they have claimed that since payments were made to the Port Trust towards the statutory dues, they have stepped into the shoes of the Port Trust and therefore, they are entitled to exercise maritime lien over the defendant vessel as port dues constitute a maritime lien. The suit claim has been filed for a sum of Rs.2,73,802/- together with interest on Rs.1,85,002/- at the rate of 24% per annum from the date of plaint till the date of realization in full.

5. The suit has also been filed for the arrest and sale of the defendant vessel. This Court in an interlocutory application filed along with the suit by its order dated 27.08.2010 had also arrested the defendant vessel. Subsequently, the arrest was ordered to be lifted by this Court on 31.08.2010 subject to the condition, the defendant furnishes security for the suit claim. In compliance with the said order, the defendant deposited the suit claim to the credit of the suit by way of security and the defendant vessel sailed out of the Port of Tuticorin.

6. A written statement has been filed b