Mr. Krishnaraj Thaker, Sr. Adv,
Ms. Sreenita Ghosh, Adv,
Ms. Sneha Sighania, Adv,
Ms. Shabana Khatun, Adv,
Re: IA No. GA-COM/1/2025
The Court : The above two applications are taken up together for
hearing.
G.A. (Com) 1 of 2025 is an application for arrest of the vessel M. V.
CATIVERA having IMO no. 9172105 (hereinafter referred to as the said
vessel) wherein by an order dated 2 nd August, 2025, the said vessel was
directed to be arrested.
G.A. COM 2 of 2025 is an application by the defendant no. 2 for
vacating of the order dated 2nd August, 2025. On behalf of defendant
no.1, it is submitted that arrest of a vessel can take place in terms of the
provisions of Section 5 of the Admiralty (Jurisdiction and Settlement of
Maritime Claims) Act, 2017 (hereinafter referred to as the 2017 Act).
Referring to Section 5(1) (a), (b) and (e). It is submitted by the defendant
no. 1 that the defendant no. 2 is neither the owner or disponent owner
nor the demise charterer or manager or operator of the vessel. The
maritime claim, if any of the plaintiff also does not qualify as a Maritime
lien under Section 9 of the 2017 Act to bring its case under Section
5(1)(e) It is submitted by the defendant no. 1 by referring to page 20 and
22 of G.A. 1 of 2025 that the registered owner of the said vessel is M. V.
CATIVERA Shipping Co. S.A and there is no dispute thereto. The
insurance document annexed at page 34 and 41 of G.A. 1 of 2025 is next
relied upon to show that CATIVERA Shipping Co. S.A. is assured against
the said vessel under the insurance document from 7 th May, 2025 to 7th
May, 2026.