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Madras High CourtA/1068/2026ordered

Cashwell Agencies A Partnership Firm v. Owners And Parties Interested In The Vessel Mv Star Jakarta Imo No 9528287

2026-02-27Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-02-2026

CORAM

THE HON'BLE MR JUSTICE N. ANAND VENKATESH A.No. 1068 of 2026 in C.S.(Com.Div.) No. 72 of 2026 Cashwell Agencies, A Partnership Firm, Having its Office at No 58, V.O.C. Market, Tuticorin - 628 001, and is Represented herein by its Partner Mr.Albert Seelan.

..Applicant Vs Owners and Parties interested in the Vessel MV STAR JAKARTA (IMO No. 9528287) Presently lying at the Kattupalli Port, Tamil Nadu and is represented herein by her Master.

..Respondent PRAYER:

Application filed under Order XIV Rule 8 of the Original Side Rules read with Section 5(1)(a) and 5(2) of the Admiralty Act, 2017, to pass an order for Arrest of the Defendant Vessel MV STAR JAKARTA in as is where is condition together with her hull, gear, tackle, engines, machinery, bunkers, equipment, furniture, fixture and all other paraphernalia and appurtenances, presently in Indian Waters at Kattupalli Port, Tamil Nadu, India. For Applicant(s):

Mr.S Vasudevan For Respondent(s):

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ORDER

This application has been filed for arrest of the respondent vessel MV STAR JAKARTA in as is where is condition together with her hull, gear, tackle, engines, machinery, bunkers, equipment, furniture, fixture and all other paraphernalia and appurtenances, presently in Indian Waters at Kattupalli Port, Tamil Nadu, India.

2. Heard Mr.S.Vasudevan, learned counsel appearing for the applicant and carefully perused the materials available on record.

3. The suit has been filed for recovery of a sum of Rs.50,57,819/- (Rupees Fifty Lakhs Fifty Seven Thousand Eight Hundred and Nineteen only) along with interest. The case of the applicant is that the respondent vessel MV STAR JAKARTA as well another vessel MV STAR JAVA were operating between Tuticorin and Maldives. Supplies were required to maintain the Crew and vessel in order to keep both the vessels seaworthy to undertake sea voyages.

4. As and when the vessels required supply, the applicant placed its quotation and on being satisfied with the same, orders were placed to the applicant.

5. The grievance of the applicant is that the payments were made for the supplies effected till March 2025. For the supplies made and invoices raised from April 2025, the owners of the respondent vessel failed to make any payments. The same was the case with both the vessels MV STAR JAKARTA and MV STAR JAVA and in respect of both the vessels, the accrued sum of Rs.50,57,819/- has become due and payable to the applicant.

6. Various reminders sent to the owners of the respondent vessel demanding for payment, did not evoke any response. It is under these circumstances, the present suit has been filed before this Court.

7. Insofar as MV STAR JAVA is concerned, it has already sailed out of the Indian Ports. The applicant is therefore proceeding against the only known security available being the respondent vessel MV STAR JAKARTA.

8. The learned counsel for the applicant would submit that the amount is due and payable to the applicant with respect to supplies, provision and necessaries effected for both the Vessels and it comes under Section 4(1)(l)of the Admiralty (Jurisdiction and Settlement of Maritimes) Act, 2017. That apart, the learned counsel also relied upon Section 5(1)(a) and 5(2) of the Act claiming for the supplies made for both the vessels since these vessels are sister vessels.

9. The applicant has made out a prima facie case and balance of convenience is also in favour of the applicant. If the available security is also left, the applicant would be put to irreparable loss and hardship.

10. In view of the above, this Court is of the considered view that to protect the interest of the plaintiff's suit claim, this Court is inclined to grant an order of arrest of the defendant vessel, which is now lying in Indian Waters at Kattupalli Port, Tamil Nadu, which is within the Admiralty jurisdiction of this Court. Accordingly, there shall be an order of arrest of the defendant vessel MV STAR JAKARTA, as prayed for in this application.

11. Notice to the respondent/ defendant returnable by 27.03.2026. Registry is directed to issue Warrant of Arrest as per the Admiralty Rules of this Court forthwith. The learned counsel for the applicant is permitted to communicate this order to all the Authorities including the Master of the respondent vessel, through all modes of service including by email. On receipt of such communication, the Authorities shall act upon the same immediately. 27-02-2026 DSA Note: Issue order copy by today.

To The Owners and Parties interested in the Vessel MV STAR JAKARTA (IMO No. 9528287) Presently lying at the Kattupalli Port, Tamil Nadu and is represented herein by her Master.

N.ANAND VENKATESH J.

DSA in C.S(Com.Div.) No. 72 of 2026 27-02-2026