Propel Shipping Pte Lts v. M V Peace Angel Imo No 9547790
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION JUDGE'S ORDER (L) NO. 22759 OF 2025 COMMERCIAL ADMIRALTY SUIT (L) NO. 22746 OF 2025 PROPEL SHIPPING PTE LIMITED )...PLAINTIFF V/s.
M V PEACE ANGEL IMO NO.9547790 )...DEFENDANT WITH INTERIM APPLICATION (L) NO. 23843 OF 2025 WITH INTERIM APPLICATION (L) NO. 23771 OF 2025 IN COMMERCIAL ADMIRALTY SUIT (L) NO. 22746 OF 2025 Mr.Kunal Naik a/w. Diksha Brahma i/by Mr.Ashwin Shanker, Advocate for the Plaintiff.
Mr.Shyam Kapadia a/w. Mr.Ashutosh Tiwari, MrRishabh Saxena i/by Bose and Mitra and Co., Advocate for the Defendant.
CORAM
:
ABHAY AHUJA, J.
DATE :
4th AUGUST 2025 P.C. :
1.
By order dated 23rd July 2025, the Defendant Vessel M.V. Peace Angel (IMO No.9547790) ("Defendant Vessel") was arrested by this Court under Section 5(1) of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 ("Admiralty Act"). avk 1/3
2.
Mr.Shyam Kapadia, learned Counsel for the Defendant Vessel submits on instructions that the Registered Owners of the Defendant Vessel, without prejudice to their rights and contentions, are ready and willing to furnish security for release of the Defendant Vessel by depositing a sum of USD 617,345.30 along with interest at the rate of 12% per annum till 5th August 2025 in accordance with the Judge's Order directly into the USD account of the Prothonotary and Senior Master, High Court, Bombay to the credit of the Suit for the release of the Defendant Vessel from the order of arrest dated 23rd July 2025. Mr.Naik for the Plaintiff has no objection.
4.
It is observed that there is an endorsement in the Caveat Register that there is no caveat against release of the Defendant Vessel filed in the Registry on the basis of the inspection taken by the Advocate for the Defendant. The Prothonotary & Senior Master's office has also issued a certificate in this regard which has been signed by the Section Officer of the Execution Department as at 2.50 p.m. today. 5.
In view of the above, subject to USD 617,345.30 being deposited as above into the USD account of the Prothonotary & Senior Master, the Defendant Vessel be released from arrest.
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6.
The formal instrument of Release is dispensed with. 7.
Upon receipt / deposit of the aforesaid amount, at the request of the Defendant Vessel's Advocate, the Prothonotary & Senior Master to issue an email/letter to the Advocates for the parties confirming receipt of the sum of USD 617,345.30 as security pursuant to this order. 8.
The sums received by the Prothonotary & Senior Master, High Court, Bombay will be deposited in an interest-bearing Fixed Deposit account in usual course.
9.
The Sheriff of Mumbai is directed to take all necessary steps for release of the Defendant Vessel and to address communication required to the relevant Port and Customs Authorities, upon being satisfied that the sum of USD 617,345.30 has been deposited with the Prothonotary & Senior Master, High Court, Bombay.
10.
The Prothonotary and Senior Master, Office of the Sheriff of Mumbai, Port, Custom and all other authorities at the Mumbai Port to act on an ordinary copy of this order duly authenticated by the Associate of this Court.
(ABHAY AHUJA, J.) avk 3/3 ARTI VILAS KHATATE ARTI VILAS KHATATE Date: 2025.08.04 19:30:30 +0530