Ekon Shipping And Trading Pte Ltd vs The Owners And Parties Interested In The … on 2 August, 2025

Calcutta High Court

Ekon Shipping And Trading Pte Ltd vs The Owners And Parties Interested In The … on 2 August, 2025

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

ORDER SHEET

                            AS-COM 2 of 2025
                         IA No.GA-COM 1 of 2025
                   IN THE HIGH COURT AT CALCUTTA
                       ADMIRALTY JURISDICTION
                             ORIGINAL SIDE
                        (COMMERCIAL DIVISION)


             EKON SHIPPING AND TRADING PTE LTD.
                             VS
THE OWNERS AND PARTIES INTERESTED IN THE VESSEL "M. V. CATIVERA"
                 IMO NUMBER 9172105 AND ANR.


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 2nd August, 2025.

Appearance :

Ms. Sonal Shah, Adv.

Mr. Kushagra Shah, Adv.

Ms. Rittwika Banerjee, Adv.

for the plaintiff.

Re : AS-COM/2/2025

The Court : Plaint is presented and admitted subject to scrutiny by

the department upon dispensing with the formalities under Section 12A

of the Commercial Courts Act, 2015 as the plaintiff requires urgent

interim relief in the form of arrest of vessel and granting leave under

Order II Rule 2 of the Code of Civil Procedure, 1908.

Re: IA No. GA-COM/1/2025

Supplementary affidavit filed in Court today is taken on record.
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This is an application for arrest of the vessel ‘M. V. Cativera’ having

IMO No.9172105 (hereinafter referred to the as ‘the said vessel’) which is

presently at Haldia Dock System and is about to leave Halida Port at

about 10.45 a.m. as per the movement order issued by Syama Prasad

Mookerjee Port, Kolkata under which Haldia Dock System is a part and

placed before the Court by the plaintiff/petitioner. The said vessel is

carrying the flag of Republic of Panama.

It is the case of the plaintiff/petitioner that it is a sub-charterer and

had entered into an agreement with defendant no.2 who is the time

charter owner of the said vessel in terms of a document dated 17 th June,

2025. It is also the case of the plaintiff/petitioner that being a time

charterer for a considerable long period of time the defendant no.2 is

reckoned to be the demised charterer. The plaintiff/petitioner says that

after entering into an agreement with the defendant no.2 dated 19 th

June, 2025 the defendant no.2 was obliged to carry the goods to be

placed by the plaintiff/petitioner through the vessels chartered by it. The

defendant no.2 did not place the vessels chartered by it including the

said vessel in time at the demised port for the goods booked by the

plaintiff/petitioner to be loaded in the said vessel for onward

transportation. Since the said vessel was chartered by the defendant

no.2 prior to entering into the agreement with it, the defendant no. 2 was

under the obligation to place the said vessel at the port for loading of the

goods booked by the plaintiff/petitioner and upon having failed to do so,
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the petitioner has suffered loss of revenue and other damages. The

plaintiff/petitioner says that the loss and damage suffered by the plaintiff

is a maritime claim which will fall within the definition of maritime claim

as contained in Section 4(f), (g), (h) of the Admiralty (Jurisdiction and

Settlement of Maritime Claims) Act, 2017.

Upon hearing the plaintiff/petitioner and considering the materials

on record, I find that the breach of agreement between the

plaintiff/petitioner and the defendant no.2 has been committed by the

defendant no.2 who is the charterer of the said vessel on being failed to

place the vessels at the designated ports to carry the goods booked by

the plaintiff/petitioner which includes the said vessel makes the said

vessel liable to be arrested for the maritime claim of the

plaintiff/petitioner. Although, the agreement between the

plaintiff/petitioner and the defendant no.2 is dated 19 th June, 2025 but

the charter party agreement between the defendant no.2 and the owners

and parties interested in the said vessel being dated 17 th June, 2025 is

before that and the defendant no.2 being a charterer of the said vessel

was obliged to place the vessel for loading of the cargo booked by the

plaintiff/petitioner for onward transportation at the designated port. On

having failed to do so, the plaintiff/petitioner has suffered loss and

damages which has been tentatively quantified by the plaintiff/petitioner

USD 1,054,536.50 which is equivalent to INR 9,09,22,137. The plaintiff

has a further claim of interest on such amount. There may be a dispute
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as to the quantification of the loss but there cannot be a dispute that the

plaintiff is likely to suffer a loss and damage due to the breach alleged on

the part of the defendant no.2. At this stage the statements made in the

plaint and the averments made in the application for arrest of vessel is to

be taken as true and correct. There is also a check and balance to the

effect, that the plaintiff/petitioner if is unable to sustain its case will be

liable to damages and compensate the defendants for wrongful arrest.

The plaintiff/petitioner has been able to make out a prima facie case. The

balance of convenience and inconvenience is in favour of the plaintiff.

The said vessel is presently at Haldia and is about to sail off from the

said port.

In the aforesaid facts and circumstances, there shall be an order

directing arrest of the vessel “M. V. Cativera” (IMO No.9172105) along

with her tackle, hull, engine, equipment, apparels, furniture and all

movable lying on board.

The Marshall of this Court is directed to forthwith arrest the said

vessel “M. V. Cativera” (IMO No.9172105) along with tackle, hull, engine,

equipment, apparels, furniture and all movable lying on board.

Upon payment of necessary charges by the plaintiff, the Marshall

shall also serve a copy of the arrest order including a copy of the affidavit

of arrest on the Master of the vessel “M. V. Cativera” (IMO No.9172105).
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The Marshall’s communication shall be affixed on the MAST of the vessel

“M. V. Cativera” (IMO No.9172105).

This order will continue unconditionally till 4 th August, 2025. If, in

the meantime, the plaintiff files an undertaking in terms of Section 11 of

the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017

to the effect that the plaintiff shall compensate the defendants vessel

and/or the owners and parties interested therein for any loss or damage

which may be suffered by the defendants as a result of the arrest and for

which the plaintiff may be found liable, by reason of the arrest having

been found to be wrongful or unjustified or excessive security having

been demanded by the plaintiff, the order of arrest shall continue until

further orders. In the event of the plaintiff’s failure to file such

undertaking, this order shall stand vacated automatically on expiry of 4 th

August, 2025.

It is further clarified that in the event the defendant deposits an

aggregate amount of Rs.4.50 crores in the suit as security with the

Registrar, Original Side of this Court, this order of arrest of the vessel “M.

V. Cativera” (IMO No.9172105) shall stand automatically vacated.

Although, the plaintiff has claimed a higher amount but taking an

estimate from the pleadings, the aforesaid principal amount is being

directed to put in for security to have the order of arrest vacated.
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The Port Authorities at Haldia Dock System of Syama Prasad

Mookerjee Port, Kolkata, the Purba Medinipur administration, the Coast

Guard, the Marine Police, Haldia, Customs Authorities and CISF authorities

are directed to render all assistance to the Marshall for entry inside the

Haldia Dock System of Syama Prasad Mookerjee Port and to any other place

within the jurisdiction of the Port Authorities for the purpose of

implementing this order.

The Marshall and all concerned including the Port Authorities at

Haldia Dock System of Syama Prasad Mookerjee Port, Kolkata, the Purba

Medinipur administration, the Marine Police, Haldia, Customs Authorities,

Coast Guard Authorities and CISF authorities shall act in terms of

communication of this order to be made by the Marshall to them.

Since the said vessel is on the verge of leaving Haldia Port, the

Marshall is directed to forthwith communicate the gist of this order to the

concerned port authorities at Haldia Dock System of Syama Prasad

Mookerjee Port, the customs authorities, the administration at Purba

Medinipur, the Coast Guard Authorities, Central Industrial Security Force

(in short CISF) and the Marine Police if any, by fax message or electronic

mail or by any other electronic mode of communication.

The application for arrest is made returnable on 6 th August, 2025.

(ARINDAM MUKHERJEE, J.)

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