Orissa High Court
Mh Bland S.L vs Mv Propel Fortune on 30 December, 2024
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
ADMLS No.6 of 2024
MH BLAND S.L. .... Plaintiff
Mr. Ishwar Mohanty, Advocate
-versus-
MV PROPEL FORTUNE .... Defendant
(IMO 9500699)
CORAM:
HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No. ORDER
01. 30.12.2024
ADMLS No.6 of 2024
and
I.A. No.26 of 2024
1.
Being mentioned as urgent, this matter is taken up during
this winter vacation.
2. This case has been filed today, i.e., 30th December, 2024 and
as stated by the counsel for the plaintiff that the purpose of filing
this suit/case shall be rendered infructuous if it is not taken up
today. As the defendant is scheduled to leave territorial waters
contiguous to the land of Paradeep at 06:00 a.m. tomorrow, i.e.,
31.12.2024, the matter cannot wait till the reopening of this Court,
i.e., 2nd January, 2025.
3. Upon instruction, this matter is listed today by notice under
the heading “Fresh Admission”. On verification, it is seen no caveat
has been filed.
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4. Mr. Ishwar Mohanty, learned counsel appearing for the
plaintiff-MH BLAND S.L. submitted that a Maritime Claim falling
within the scope of clause (l) of sub-section (1) of Section 4 of the
Admiralty (Jurisdiction and Settlement of Maritime Claims) Act,
2017 (“Admiralty Act“, for short) for supply of necessaries to the
defendant vessel-MV PROPEL FORTUNE (IMO 9500699).
5. It is claimed that the plaintiff received an indent for supply
of necessaries (as is apparent from the descriptions contained in the
invoices made available at Exhibit-C Series) by the defendant via e-
mail on 06.05.2024. Accordingly, the plaintiff has made supplies of
the necessaries to the defendant. It is certified to have been
delivered by ship master, whose signatures are shown to have been
placed at appropriate places (Exhibit-C series enclosed). The copies
of invoices which comprises of a principal demand of €9.363,45
(EURO). The Plaintiff has also demanded an additional amount of
€615 towards interest calculated @ 12% per annum from the date of
invoices along with cost of litigation of €7.500. In toto, the plaintiff
appears to have raised a claim of €7.478, 45 in (INR 15, 56,088.93).
6. Mr. Ishwar Mohanty, learned counsel appearing for the
plaintiff submitted that the said demand having not been discharged
by the defendant despite persistent requests, this case has been filed
before this Court with a prayer to arrest the ship so as to facilitate
recovery of said amounts. He submitted that the necessaries, which
have been supplied and conceded to have been delivered thereof has
been certified by the Ship Master. Therefore, the Maritime Claim is
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comprehended within the scope and ambit of Section 4(1)(l) of the
Admiralty Act.
7. He further submitted that the plaintiff waited for reasonable
time for the defendant to discharge its liability since the date of
raising the invoices, i.e., 11.06.2024. But the defendant has failed to
discharge its liability within a reasonable period till date and it has
not responded to its claim/demand as per the invoices (available at
Exhibit-C series and communications at Exhibit-E series), which
has given rise to filing of present case.
8. Mr. Ishwar Mohanty, learned counsel for the plaintiff has
furnished a copy of “Daily Traffic Update” till 28.12.2024 issued by
Traffic Department of Paradeep Port Authority, which reflects that
the defendant-vessel is scheduled to leave the territorial waters of
Paradeep at around 06.00 A.M. on 31.12.2024.
9. It is impressed upon this Court that once the vessel leaves
the territorial waters of Paradeep Port, the purpose of filing of this
case shall be rendered infructuous and huge amount of money due
to be discharged by the defendant would not possibly be recovered.
He, strenuously, urged for issuance of orders for arrest of the vessel
invoking provisions of Section 5 of the aforesaid Admiralty Act.
10. Heard learned counsel for the plaintiff. Perused the
documents annexed. This Court is prima facie satisfied that the
claim is maintainable in this forum of admiralty against the
aforesaid defendant vessel-MV PROPEL FORTUNE (IMO
9500699). Unless the vehicle is arrested, irreparable damage may
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ensue, thereby this Court is persuaded that the balance of
convenience tilts in favour of the plaintiff.
11. Considering the submission and perused the averments
coupled with documents enclosed to the plaint this Court is
persuaded that a prima facie case is made out against the defendant-
vessel. This Court is, therefore, of the considered opinion that
unless order of arrest of defendant vessel-MV PROPEL FORTUNE
(IMO 9500699) is passed, case of the plaintiff will be rendered
infructuous as it is stated that the vessel is to leave Paradeep Port by
tomorrow on 31st December, 2024 at 06.00A.M.
12. Ordered accordingly.
12.1. Hence, the defendant vessel-MV PROPEL FORTUNE,
(IMO 9500699) be arrested at Paradeep Port. Accordingly, a
separate judge order is passed and the plaintiff is at liberty to
communicate the 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.
13. Issue notice in the main case as also interlocutory
application to the defendant by a courier service, requisites for
which shall be filed by tomorrow (31.12.2024). In the event of
furnishing such requisites within the period stipulated the office
shall send the notice to the said defendant, fixing a short returnable
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date. Additionally, the counsel for the plaintiff may serve a soft
copy of the suit as well as Interlocutory Application by e-mail on
the defendant-MV PROPEL FORTUNE (IMO 9500699).
14. Since the aforesaid order is passed during vacation, and
being declared as vacation judge, Registry is instructed to list this
case along with the interlocutory application during the week
commencing 2nd January, 2025 before the assigned Jurisdictional
Court for consideration of the suit/case as well as the Interlocutory
Application aforenoted.
(M.S. Raman)
Vacation Judge
Suchitra
Signature Not Verified
Digitally Signed
Signed by: SUCHITRA BEHERA
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 30-Dec-2024 17:39:53
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