Gujarat High Court Directs Authorities At Deendayal Port To Arrest Merchant Ship MT Syrma On Plea By Patanjali, Auriga Shipping Management

The Gujarat High Court has ordered the Port Officer And Customs Authorities At Deendayal Port, Kandla to arrest the merchant ship MT Syrma along with its hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furniture and equipment and all appurtenances.

The direction has been issued by the bench of Justice Nikhil S Kariel in response to separate suits filed by Patanjali Foods and Auriga Shipping Management.

Patanjali Foods in their suit alleged short delivery of 5000 Metric Tonnes (MT) of RBD Palm Olein (Edible Grade), which was supposed to be delivered at Kakinada Port.

Bhakuni Insurance Surveyors, on behalf of Patanjali, issued a Letter of Apparent discrepancy and a Letter lodging monetary claim due to the shortage, to which there was no response neither by the Master nor the Owner of the Defendant Vessel. Thus, Patanjali contended that they had a maritime claim falling under Section 4(1)(d) and 4(1)(f) of The Admiralty (Jurisdiction & Settlement of Maritime Claims) Act and sought the arrest of the Defendant Vessel.

Auriga Shipping Management Pte in their suit said that they had entered into a ship management agreement with the owner of MT Syrma, but the owner had failed to pay the annual management fee as per the agreement. They argued that this constituted a maritime claim under Section 4(1)(o) and 4(1)(p) of The Admiralty (Jurisdiction & Settlement of Maritime Claims) Act. Auriga also prayed for the arrest of the ship.

The court, after hearing the counsel for the plaintiffs and receiving a written undertaking from the plaintiffs, ordered the issuance of a notice returnable on June 26. Additionally, the court directed the Registrar to issue a warrant for the arrest of the Defendant Vessel MT Syrma, presently located at Deendayal Port, Kandla within the Indian territorial waters.

To enforce the arrest, the court instructed the Port Officer and Customs Authorities at Deendayal Port, Kandla to carry out the arrest, seizure, or detention of the Defendant Vessel. The warrant of arrest was directed to be executed at any time, day or night, including Sundays and holidays. The court further said that the Defendant Vessel's arrest should be maintained until further orders.

The court, however, said the defendant can approach the court prior to the returnable date, provided adequate notice is given to the plaintiff.

Case Title:

1. Auriga Shipping Management Pte Ltd vs MT Syrma R/ADMIRALTY SUIT NO. 10 of 2023

2. Patanjali Foods Ltd vs MT Syrma R/ADMIRALTY SUIT NO. 12 of 2023

Case Citation: 2023 Livelaw (Guj) 103

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