IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/ADMIRALITY SUIT NO. 51 of 2018 =========================================

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ISHWAR SINGH Versus M. V. ALTUS EXERTUS =============================================

Appearance:

MR. Dhaval Vyas, Advocate with PRATIK K KHUBCHANDANI(8441) for the PETITIONER(s) No. 1,2 for the RESPONDENT(s) No. 1,2,3 =============================================

CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA Date : 14/12/2018

ORAL ORDER

1.0. Mr. Pratik K Khubchandani, learned counsel for the plaintiffs, submitted that the claim is with respect to the unpaid salaries/ wages/ costs along with interest due and payable of the plaintiffs who were serving as crew members with the defendant vessels. It is further submitted that the debt of the plaintiffs has been admitted by the defendants vide emails dated 15.09.2018 and 6.12.2018. The plaintiffs claim is a recognized maritime lien and maritime claim. The Port Officer and the Customs Authorities at Bhavnagar /Alang are directed to arrest the vessel at present lying at Port of Bhavnagar/ Alang within the territorial waters of India and to keep the vessel under arrest until further orders of this Court. It is further ordered that the Port Officer and the Customs Officer at Bhavnagar/ Alang shall render all assistance to the plaintiffs or its representative in effecting the warrant of arrest on 2.0. On hearing Mr. Pratik K Khubchandani, learned advocate for the plaintiffs and upon reading the plaint herein declared at Ahmedabad on the 13.12.2018 filed by the Advocate for the plaintiffs herein and the affidavit of Dharmesh B Naika, power of attorney holder of the plaintiffs above named, affirmed on 14.12.2018 and upon hearing counsel for the plaintiffs and upon the plaintiffs giving an undertaking in writing to the Registrar of this Court to pay such sums by way of damages as this Court may award as compensation in the event of the defendant sustaining prejudice by this order, I do order that the Registrar of this Court to do issue a warrant for the arrest of the defendant vessel, MV ALTUS EXERTUS, along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furniture, equipments and all appurtenances, at present lying at the Port and Harbour of Bhavnagar/ Alang and that the Warrant of Arrest be executed at any time of the day or night or on Sundays or holidays and I do further order that the Port Officer at Bhavnagar/ Alang and the Customs Authorities at Bhavnagar/ Alang do effect the arrest, seizure or detention of the defendant vessel, MV ALTUS EXERTUS at the Port of Bhavnagar/ Alang or such other place wherever she may be within the territorial waters of India and I do further order that in the event of the defendant and / or those interested in her depositing in this Court a sum of USD 87,200 together with further interest thereon at the rate of 8% per annum, aggregating to USD 90,004/- equivalent to Rs.64,73,087.68 (Indian Rupees Sixty Four Lakhs Seventy Three Thousand Eighty Seven and Sixty Eight Paise only) on the date of filing suit until payment the said Warrant of Arrest shall not be executed against the defendant vessel MV

3. It is open for the plaintiffs advocate for communicate the above order by fax message/ email at their own cost and the authorities are directed to act on fax / email message.

4. The undertaking filed by Mr. Dharmesh D Naika, Power of attorney holder of the plaintiffs is taken on record.

5. Notice to the defendant returnable on 10.01.2019. It is made clear that it will be open for the defendant to approach this Court even prior to the returnable date with adequate notice to the plaintiffs.

6. Office is directed to serve the warrant of arrest on the Master of Vessel MV ALTUS EXERTUS or through the agent of the vessel MV ALTUS EXERTUS and send copy thereof to Port and Customs Authorities at Bhavnagar/ Alang. Direct service today is permitted.

(R.M.CHHAYA, J)

KAUSHIK J. RATHOD