Orissa High Court
Geoserve Energy Transport vs Mv Teleri M (Imo:9648867) on 12 April, 2025
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
ADMLS No.3 of 2025
GEOSERVE ENERGY TRANSPORT .... Plaintiff
DMCC
Mr. Subir Palit, Sr. Advocate being assisted by
Ms. Ananya Pradhan and Mr. Pratik Dash, Advocates
-versus-
MV TELERI M (IMO:9648867) .... Defendant
CORAM:
HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No. ORDER
01. 12.04.2025
1.
This matter is taken up through Hybrid mode.
2 Advocate – Sri Pratik Dash for the plaintiff appears to have
filed “Mention Memo” with the following reason:-
“The Vessel – MV TELERI M (IMO:9648867) reached the
Paradip Port at 01.02 A.M. on dated 12.04.2025, the suit is
filed with the cause of action arising only at the same time.
The suit is filed through E-filing mode. However, the Vessel
would berth today and leave the territorial waters after
discharge of the Cargo on 13.04.2025 as shown in the
Maritime Traffic data of Paradip Port and the plaintiff’s
plaint would become infructuous and he would suffer
irreparable loss. The plaintiff had also paid the Court fee
against the valuation of the suit, which is enclosed with this
memo.”
3. Considering such memo, a notice has been published by the
Registry today (12.04.2025) with the following content:-
“The Benches are functioning through hybrid arrangement
(virtual on Zoom VC Platform/physical mode).
Instructions in this notice as well as the guidelines
and manual under Annexure-I and Annexure-II may be
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referred to for video conferencing mode on Zoom VC
Platform. The Standard Operating Procedure dated
11.02.2021 uploaded in the Website of the Court shall be
strictly followed.
As directed, Hon’ble Shri Justice M.S. Raman will sit
Single at 04.00 P.M. today, the 12th April, 2025 and take up
the Admiralty Suit matter (ADMLS/3/2025) published in the
Special List for His Lordship’s Single Bench”
4. Accordingly, this Bench being so constituted, commenced
its hearing at 4 P.M. today (12.04.2025). At the commencement of
the hearing, Sri Subir Palit, learned senior counsel being engaged by
Sri Pratik Dash, learned advocate for the plaintiff filed memo of
appearance.
5. Verified from the Registry with respect to Caveat, if any,
filed in this case. After being confirmed that no Caveat has been
filed in the matter, ex-parte hearing is conducted today
(12.04.2025).
ADMLS No.3 of 2025
6. A claim has been made by the plaintiff against the defendant
(MV TELERI M IMO:9648867) which shows principal amount of
USD268868.28 (INR 2,31,71,408 @ Rs.86.18 exchange rate) as per
invoice dated 10.06.2024 with a due date of payment on 1st August,
2024. This aside, an interest @2% on the principal amount
calculated from 01.08.2024 to 11.04.2025 (253 days) which comes
to USD45,349.12 (INR 39,08,244.53 @ Rs.86.18 exchange rate)
and interest per annum from the date of filing of the suit till the date
of decree and applicable interest from the date of the decree till
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payment/realization including the cost of litigation (to be
quantified) have also been claimed.
7. The facts, in nutshell, as is revealed from the plaint are that
on 07.05.2024 Commodity Care General Trading LLC on behalf of
defendant-vessel and/or Master, and/or owners and/or Managing
owners and/or Charterers and/or Managers and/or Operators
approached the plaintiff for supply of 386.305 MTs of very low
sulphur fuel (“bunker fuel” in short) at Kakinada Port. To comply
with such request, the plaintiff sought supply by GFL Fuels DMCC
(in short “GFL Fuels”) to deliver the bunker fuel through their
physical supplier Indian Oil Corporation for making delivery to the
vessel – MV TELERI M (IMO:9648867) at Kakinada Port. GFL
Fuels confirmed the bunker nomination on 17.05.2024 confirming
sale of bunker fuel to defendant-vessel and the said nomination was
communicated to the plaintiff via e-mail sent by GFL Fuels. Upon
delivery of bunker fuel to said vessel, GFL Fuels issued
communication to the plaintiff with invoice and delivery note. Said
invoice contained payment due date on 01.07.2024. On such
backdrop, the plaintiff issued an invoice bearing No.BDN
2024000079 dated 10.06.2024 with due date of payment as
01.08.2024. As per general terms and conditions (“GTC” for short)
and standard norms, it is stipulated that if the payments are made
beyond the due date, interest @2% per month will be charged on
the invoice amount. This apart, the plaintiff has also issued a stem
confirmation which specified that the delivery date would start from
05.06.2024 and end at 10.06.2024. The stem confirmation contained
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specific terms and conditions along with the copy of the receipt
which clearly stipulated payment to be made within sixty days.
7.1. The defendant having neglected in making payment, on
25.11.2024 the plaintiff sent a demand notice through e-mail to the
Owners/Managers exercising its right of lien against the vessel with
respect to amount of bunker fuel supplied.
8. With the aforesaid backdrop of facts, Sri Subir Palit, learned
senior advocate being assisted by Sri Pratik Dash, learned advocate
laid emphasis upon clauses 5 and 6 of the GTC and submitted that
since the vessel has come within the territorial waters of India and
docked at Paradip Port at around 1.00 A.M. of 12.04.2025 and is
likely to leave territorial waters for abroad destination without
discharging its liability which arose within this Country, it may not
be possible for the plaintiff to realize the amount claimed, as
described above.
8.1. Referring to daily traffic update published by the Traffic
Department of Paradip Port Authority as on 11.04.2025, it is
submitted that since quantity for unloading is not very huge, it is
expected that the unloading may take a day and the vessel is
supposed to move out of the territorial waters of India within 24 to
30 hours. Since this Court is not sitting on account of Saturday
(12.04.2025), Sunday (13.04.2025) and Monday (14.04.2025) on
account of “Maha Bisuva Sankranti” there is every likelihood that
the vessel may travel beyond the territorial waters which would
render this suit infructuous and the chance of recovery of claimed
amount would get frustrated.
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8.2. Since the bunker fuel, which is supplied, would come within
the fold of Section 4(n) of the Admiralty (Jurisdiction and
Settlement of Maritime Claims) Act, 2017, this Court has
jurisdiction under Section 5 of the said Act for passing effective
orders of arrest of the vessel for the purpose of enforcing the claim
amount made in the suit.
9. Carefully considered the submissions advanced by the
learned senior counsel and perused the record with materials
available thereon. It is discernable that the GFL Fuels in its invoice
dated 02.09.2024 confirmed sale of bunker fuel to the defendant and
on the bunker delivery note, the Chief Engineer of MV TELERI M
(IMO:9648867), Sri Alok Mallick has confirmed receipt of such
necessaries. At clause 5.3 of the GTC, it has been stipulated that the
seller has the right against the buyer or the vessel in the event of
non-payment including but not limited to any rights to enforce a
lien against the vessel or to otherwise obtained security by arrest,
attachment, detention and/or seizure of the buyer’s vessels or other
assets. The modality of the payments is described in Clause 6 of the
GTC which also provides for interest on delayed payment of the
principal amount.
10. Since this suit is filed for enforcing discharge of the liability
of the defendant, as shown in the claim statement, and the vessel
may leave the territorial waters of India within a short period, this
Court feels it expedient to exercise power vested under the
Admiralty (Jurisdiction and Settlement of Maritime Claims) Act,
2017.
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11. Issue notice to the defendant, requisites for which shall be
filed within three working days. In the event of submission of such
requisites within the stipulated period, the Registry shall send the
notice to the defendant fixing a short returnable date. Additionally,
the counsel for the plaintiff is at liberty to serve a soft copy of the
plaint by e-mail on the defendant-vessel.
12. List this matter on 07.05.2025.
I.A. No.12 of 2025
13. In view of the facts narrated in the plaint, as discussed
above, this Court is persuaded that a prima-facie case is made out
against the defendant-vessel. This Court is of the considered
opinion that unless order of arrest of the defendant-vessel – MV
TELERI M (IMO:9648867) is passed, the claim of the plaintiff may
also be rendered infructuous as is submitted by the learned senior
counsel that the vessel may leave the territorial waters of India
within 24 to 30 hours hence.
14. In view of such position, in the event the vessel moves out
of territorial waters, irreparable loss/damage would ensue to the
plaintiff. Therefore, it is deemed apposite to secure the Maritime
claim of the plaintiff by issuing warrant of arrest of the defendant-
vessel.
15. Ordered accordingly.
16. The defendant-vessel – MV TELERI M (IMO:9648867 be
arrested at Paradip Port within the Indian territorial waters by the
Port Officer and Custom Authorities of any other Competent
Authority and keep the vessel under arrest until further orders of
this Court.
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16.1. The plaintiff is at liberty to communicate this order along
with Letter of the Marshall of this Court, as defined under Rule 2 of
the Orissa High Court Admiralty (Jurisdiction and Settlement of
Maritime Claims) Rules, 2020 and through FAX, e-mail and hand
delivery. The plaintiff is also at liberty to serve the warrant of arrest
at the earliest. All parties shall act on ordinary copy of this order
duly authenticated by the Deputy Registrar (Judicial) of this Court.
17. The prayer of the plaintiff for ex-parte interim order of
arrest being allowed in the above terms, I.A. stands disposed of.
17.1. It is made clear that it will be open for the Defendant-Vessel
to approach this Court even prior to the returnable date with
adequate notice to the plaintiff.
(M.S. Raman)
Judge
Ashwini/MRS
Signature Not
Verified
Digitally Signed
Signed by: ASWINI KUMAR
SETHY
Designation: Personal
Assistant (Secretary-in-Charge)
Reason: Authentication
Location: ORISSA HIGH
COURT, CUTTACK
Date: 12-Apr-2025 19:08:14
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