CS(COMM) 54/2021 Page 1 of 32

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment Reserved on : 18^th April, 2022

Judgment Delivered on : 06^th May, 2022

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CS(COMM) 54/2021, I.A. No. 5381/2021 (u/O.VI R.17 of CPC),

I.A. No. 7811/2021 (of the defendant no. 5 u/O.VI R.17 of CPC),

I.A. No. 9389/2021 (u/O.VI R.17 of CPC), I.A. No. 9578/2021 (of

the defendant no. 5 for u/O.I R.10(2) of CPC), I.A. No. 9360/2021

(of the defendant no. 5 u/O.XIII-A R.3 of CPC), I.A. No.

8084/2021 (of the defendants no. 1 to 4 u/O.XIII-A R.3 of CPC) &

I.A. No. 11866/2021 (of the defendant no. 5 u/O.XIV R.2(2) of

CPC)

OCM SINGAPORE NJORD HOLDINGS HARDRADA PTE

LTD. & ANR.

..... Plaintiffs

Through:

Mr. Prashant S. Pratap, Sr. Advocate

with Mr. Kanhaiya Singhal, Mr.

Shubham

Agrahari,

Mr.

Nishant

Bhatia

and

Ms.

Heena

Tangri,

Advocates.

versus

PRERIT GOEL & ORS.

..... Defendants

Through:

Mr. Krishnan Venugoal, Sr. Advocate

with Mr. Rohan Poddar and Ms.

Pallavi Srivastava, Advocates for D-1

to D-4. Mr. Ashwin Shankar, Ms.

Shyel S. Trehan, Mr. Siddharth Nath,

Mr. Aditya Kumar, Mr. Ishaan Karki,

Advocates for D-5.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

JUDGMENT

AMIT BANSAL, J.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001732

CS(COMM) 54/2021 Page 2 of 32

I.A. No. 1540/2021 (u/O.XXXIX R.1 & 2 of CPC), I.A. No. 1541/2021

(u/S.151 of CPC), I.A. No. 8073/2021 (of the defendants no. 1 to 4

u/O.VII R.10 & 11 of CPC) & I.A. No. 9321/2021 (of the defendant no. 5

u/O.VII R.10 & 11 of CPC)

1.

By this order, I propose to decide the I.A. No. 1540/2021 filed by the

plaintiffs under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure,

1908 (CPC) and I.A. No. 1541/2021 filed by the plaintiffs under Section 151

of the CPC, seeking a direction to the defendants no. 1 to 4 for disclosure of

assets of the defendants no. 1 to 5 on affidavit. Further, I shall decide I.A.

No. 8073/2021 filed by the defendants no. 1 to 4 under Order VII Rules 10

and 11 of the CPC and I.A. No. 9321/2021 filed by the defendant no. 5

company under Order VII Rules 10 and 11 of the CPC.

BRIEFFACTS

2.

Brief facts relevant for deciding the present applications, as given the

plaint, are set out below:

(i)The plaintiff no. 1, OCM Singapore Njord Holdings Hardrada Pte

Ltd., is a company incorporated in Singapore and carries on business

as ship owners. The plaintiff no. 1 is the registered owner of the vessel

“Torm Hardrada” (hereinafter, referred to as the „Vessel‟). The

plaintiff no. 2, Torm A/S, is a company incorporated under the laws of

Denmark and is one of the leading tanker carriers of clean oil

products. The plaintiff no. 2 is the disponent owner of the Vessel.

(ii)The defendant no. 5, Gulf Petrochem FZC, is a Company incorporated

under the laws of the United Arab Emirates (UAE). The defendants

no. 1 to 4 are or were at the material time, the owners and promoters

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001732

CS(COMM) 54/2021 Page 3 of 32

and also the key managerial personnel of the defendant no. 5

company.

(iii)The defendant no. 5 company had voyage chartered the Vessel from

the plaintiff no. 2 vide a Voyage Charterparty dated 8^th May, 2020.

(iv)Under the aforesaid Voyage Charterparty, the Vessel loaded

40,533.05 metric tonnes of Jet Aviation Fuel (hereinafter, referred to

as the „Cargo‟) on 20^th May, 2020 and a bill of lading was issued by

the master of the Vessel, which was consigned to the order of Natixis,

France, a French bank for delivery at Rotterdam.

(v)On 6^th June, 2020, the defendant no. 5 company ordered