Kerala High Court Holds First Urgent Late Night Hearing To Arrest Vessel In Admiralty Suit

In a first, the Kerala High Court on Monday held a late-night hearing of an admiralty suit to arrest a vessel, MV Ocean Rose, from leaving the Cochin Port Trust. 

Justice Devan Ramachandran convened the hearing at 11.30 pm after the plaintiff in the suit approached the Court to prevent a ship from leaving the Cochin port, which was scheduled to leave at 5 am the next morning. 

Finding force in the plaintiff's oral undertaking to pay damages in the event any party sustains prejudice due to such arrest of the vessel, the Judge directed the Registrar to issue an order of arrest of the vessel along with her hull, tackle, engines, machinery, boats, bunkers, equipment, peripherals and other appurtenants lying at the Cochin Port Trust, within the territorial waters of this Court.

"...recording the (plaintiff's) undertaking to pay such sums by way of damages in the event of the defendant and/or such other affected parties sustaining prejudice by this order, I am of the opinion that a prima facie case, based on a maritime claim, has been made out by the plaintiff in seeking the arrest of the defendant Vessel MV Ocean Rose."

The Court also clarified that the said arrest shall be executed at any time of day and/or night.

The plaintiff represented by Senior Advocate V.J. Mathew and Advocates Vipin P. Varghese, Adarsh Mathew and Meera Elsa George in their maritime plea claimed that the vessel had to be arrested since there were unpaid invoices amounting to 27,297 and $72,000.

Accordingly, the Deputy Conservator of Ports, Cochin Port Trust, was directed to execute the warrant and effect the arrest, seizure and detention of the defendant MV Ocean Rose, along with its hull, tackle, engines, machinery and other appurtenants.

However, the Court said that if the principal sum of Rs. 2,43,75,000 owed along with interests and Rs. 25,000 legal fees are recovered then the warrant of arrest shall stand withdrawn on furnishing security to the satisfaction of the Court.

Case Title: Grace Young International Co.Ltd v. Owners & Parties Interested in Vessel MV Ocean Rose

Citation: 2022 LiveLaw (Ker) 39

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