Firoz Thakur v. Support Station 3 (Mmsi No. 355482000)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY & VICE ADMIRALTY JURISDICTION [ COMMERCIAL DIVISION ] JUDGE'S ORDER NO.8 OF 2022 IN COMMERCIAL ADMIRALTY SUIT (LODGING) NO.4049 OF 2022 Firoz Thakur .. Applicant-Plaintiff Vs.

Support Station 3 (MMSI No.355482000) .. Defendant Mr. Vikrant Shetty, i/by Mr. Gurdeep Inderpal Sachar for the ApplicantPlaintiff. None for the Defendant.

CORAM : A. K. MENON, J.

TH FEBRUARY 2022.

DATE : 11 [ THROUGH VIDEO CONFERENCE ] P.C. :

1.

This suit seeks urgent relief of arrest of the defendant-vessel in view of the maritime claim that the plaintiff has to the extent of USD 19,657.89. The claim is based on purchase orders for launch rental services availed of by the defendant for transportation of their crew to vessels within the jurisdiction of the court.

2.

Purchase orders are said to have been performed and the bills of supply issued from time to time, as evident from Exhibit-D onwards. Vide Exhibit-F, the owners have admitted that they are unable to make payments since they have very limited operational funds.

1/2 901-JO-8-2022-Corrected Order Pursuant to Speaking to Minutes Order dt. 14-02-2022.doc Dixit

3.

In my view, prima facie, case for arrest of the defendant-vessel is made out. There is no Caveat against arrest. Accordingly, I pass the following order :- (i) Undertaking of the applicant-plaintiff dated 10 th February 2022 is accepted.

(ii) Warrant of Arrest is dispensed with.

(iii) Judge's Order is signed separately.

(iv) Parties to act on a copy of this order duly authenticated by the Associate of this court.

(A. K. MENON, J.) 2/2 by SNEHA ABHAY DIXIT Date:

2022.02.14 11:56:05 +0530 SNEHA ABHAY DIXIT 901-JO-8-2022-Corrected Order Pursuant to Speaking to Minutes Order dt. 14-02-2022.doc Dixit