IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/ADMIRALTY SUIT NO. 11 of 2023 ==========================================================

IDM MANA LOGISTICS AND SHIPPING PTE LTD.

Versus M V NAVDHENU PURNA (IMO 9339765)

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Appearance:

for the Defendant(s) No. 1 MR MANAV A MEHTA(3246) for the Plaintiff(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 20/06/2023

ORAL ORDER

1. Heard Learned Advocate Manav Mehta for the Plaintiff.

2. Learned Advocate Mr. Manav Mehta has tendered a Draft Amendment which is taken on record and the same is permitted is to be carried out forthwith.

3. Learned Advocate Mr. Mehta submitted that on 07.09.2022, Plaintiff entered into an Advance/ Commercial Agreement with one Arcadia Shipping Limited for the charter hire of the Defendant Vessel. Learned Advocate further submitted that as per the Agreement dated 07.09.2022, the Plaintiff as charterers of the vessel had agreed to pay an amount of USD 500,000 to the Owners of the Defendant Vessel i.e. Arcadia Shipping Limited for a period of six months or for mutually extended period on terms and conditions as contained in the Agreement.

4. Learned Advocate further submitted that as per the Agreement dated 07.09.2022, the Plaintiff duly complied with his part of the contract and paid the advance amount of USD 500,000 on 12.09.2022 to the nominated bank account. Learned Advocate further submitted that thereafter the Owners of the Defendant Vessel in utter breach of the Agreement dated 07.09.2022 never handed over the vessel to the plaintiff. Moreover, after the expiry of six months, the Owners were duty bound to refund the Advance Amount which also they have failed to do so. The Plaintiff on his own accord had extended the time period of contract to 12.04.2023, still the Owners of the Defendant Vessel neither handed over the vessel nor returned the advance payment. Learned Advocate further submitted that there were various e-mail correspondences exchanged between the Plaintiff and the Owners of the Defendant Vessel but the Plaintiff received nothing apart from false assurances.

5. Learned Advocate Mr. Mehta further submitted that on 25.04.2023, being left with no other remedy at it's disposal, the Plaintiff addressed a Legal Notice to the owners of the Defendant vessel for return of the advance amount of USD $500,000 along-with interest at the rate of 8% per annum from the date of the payment till the realization of the same within a period of 10 days failing which the Plaintiff would be constrained to initiate appropriate legal proceedings.

6. Learned Advocate further submitted that on 08.09.2022, one Accord Marine Management Pte Ltd. acting Managers of the Defendant Vessel had also entered into BIMCO Standard Ship Management Agreement 2009 with the Owners of the Defendant Vessel i.e. Arcadia Shipping Limited wherein the Plaintiff was appointed as Commercial Manager of the Defendant Vessel. That as per the said Agreement, the Chartering Services Period was agreed from September/October, 2022 by Mutual Agreement for 3 years. That as per the said Agreement, the Plaintiff was to provide Management Services as agent for and/or behalf of the Owners of the Defendant Vessel and to protect and promote the interests of the Owners of the Defendant Vessel in all matters relating to the provision of services hereunder. That, in lieu of the said services, the Owners of the Defendant Vessel were required to pay an amount of USD $ 300/day on a pro-rata basis as Commercial Management Fee as per the terms of the Agreement dated 08.09.2022. The Plaintiff states that the Owners of the Defendant Vessel have even breached the conditions of the said Agreement and till date the Plaintiff has received no monies towards the same.

7. Learned Advocate further submitted that as per BIMCO Standard Shipman Agreement 2009, Commercial Management Fee of USD 300/day was agreed betwe