IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/ADMIRALTY SUIT NO. 67 of 2025 ==========================================================

FLEX COMMODITIES DMCC Versus M. V. LAILA PROSPERA (IMO NO. 9149897)

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Appearance:

MS PAURAMI B. SHETH(841) for the Plaintiff(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA Date : 24/08/2025

ORAL ORDER

1. Learned Advocate Ms. Paurami Sheth, Learned Advocate has filed Urgent note and sought permission for urgent circulation today contending interalia that the Defendant vessel is presently at Mundra Port and likely to sail immediately upon completion of cargo operations. Considering the urgency involved, the Hon’ble Chief Justice has granted permission for urgent circulation and present Suit is taken up for hearing today.

2. Learned Advocate for the Plaintiff has submitted that one Aladin Express DMCC on behalf of the Defendant Vessel (in her previous Name “Aydogan”) and her Owners and/ or all person interested in the Defendant Vessel approached the Plaintiff for supply of Bunkers with the Plaintiff, that in pursuance of the same, the Plaintiff agreed and issued Confirmation Note dated 27.02.2025 as per the Plaintiff’s General Terms & Conditions and thereupon made supplies of Bunkers to the Defendant Vessel at Jeddah through its physical suppliers, National Bunkering Co. Limited on 09.03.2025, that the said bunkers were accepted by the Captain/ Chief Engineer of the Defendant Vessel by issuing Bunker Delivery Note dated 09.03.2025 duly signed and stamped without any protest or demur confirming acknowledging receipt of the bunkers.

3. Ld. Advocate for the Plaintiff further submitted that the Plaintiff raised Tax Invoice on 09.03.2025 on account of Aladin Express DMCC / and/or Owners/ Charterers / Operators / Managers of Aydogan for an amount of USD 201,202.50, that the said invoice indicated that there is 30 days credit period with a due date of 07.04.2025 and as per the Plaintiff’s General terms and condition of sail, that the Plaintiff sent intimidation reminder vide email dated 04.04.2025 about the due date to the Defendant Vessel owner through Aladin Express DMCC, that the Plaintiff followed up with the Defendant Vessel owner through Aladin Express DMCC between 08.04.2025 and July, 2025, that in response to the same, the Defendant Vessel owner through Aladin Express DMCC assured for payment and intimated about payment reschedule date, that the last date was given of 23.07.2025, that despite assurance, the Defendant Vessel owner and/ or Aladin Express DMCC failed to make any payment.

4. The Ld. Advocate for the Plaintiff further submitted that as per the Equasis Report of the Defendant Vessel, there has been a change in the Ownership of the Vessel effective from 11.04.2025 but till date the Plaintiff has not been informed about the change of Ownership of the Defendant vessel either by the Defendant Vessel owner or Aladin Express DMCC through whom the order was placed. It is also submitted that as learnt by the Plaintiff that the Defendant Vessel and her Owners have many creditors like the Plaintiff and hence with a view to defraud the creditors, the Ownership has been changed on paper but for all practical purposes the ownership remained unchanged. The Ld. Advocate for the Plaintiff submitted that it is stated so as the supply was made on 09.03.2025 for which the payment fell due on 07.04.2025 and just within 4 days, the ownership is shown as changed which clearly establishes the fraud with a view to frustrate the rights of the creditors like the Plaintiff for their legitimate dues.

5. The Ld. Advocate for the Plaintiff submitted that the Bunkers were supplied by the Plaintiff to the Defendant Vessel at Jeddah Port at the faith and credit of the Defendant Vessel which was necessary for the operation, management, preservation and maintenance of the Defendant Vessel, that the bunkers were c