Updates, Snippets & Press Releases 

SHIPPING & SHIP ARREST by SALK 

  • DG Shipping serves notice to remove grounded vessel Nu-Shi Nalin near Goa

    The Directorate General of Shipping (India) has served a notice to the UAE based ship owner to “remove the grounded vessel” as it poses a risk to the Indian coastline. The Mercantile Marine Department (MMD), which reports to DG Shipping, issued the notice on November 5, 2019 listing six actions that the UAE based ship owner needs to take.

    The notice has sparked confusion among certain stakeholders as Petro Star FZE is the firm that has offered to take the 2,400 tonnes of contaminated naphtha to UAE. Sources involved in the salvage operations said that DG Shipping, MPT and other authorities were ignoring their own lapses which led to the chemical tanker Nu-Shi Nalini to drift and were trying to pass the buck to Petro Star FZE, which was not involved in bringing the vessel to Goa. “Petro Star FZE has interest in the cargo of the grounded vessel Nu-Shi Nalini,” surveyor-in-charge with the MMD Bodh Raj said in the notice, which has also been shared with the Indian Coast Guard, Indian Navy, Goa State Pollution Control Board, North Goa and South Goa collector, DG Shipping and four other central agencies. The notice further said, “The grounded vessel, its cargo (naphtha) and oil in the grounded vessel are likely to cause pollution to Indian waters and coastline. I am directed to inform that Petro Star FZE is required to take all necessary steps to prevent pollution of Indian waters and coastline.”. The notice has been issued under Section 356(J) and (K) of the Merchant Shipping Act, 1958.

    On November 5, Sawant had said that two companies from Singapore have submitted price quotations and a decision would be taken soon. He had said that four officials of DG shipping were monitoring the grounded vessel. Sawant had said that Mormugao Port Trust and the owner of the ship, Arya Ship Charterers Pvt Ltd will bear the expenses for the salvage operations. However, the notice issued to Petro Star FZE appears to put the onus on the UAE firm, which does not have any formal agreement with MPT or Arya Ship Charterers Pvt Ltd, said sources. MMD has said that Petro Star FZE has to prevent the escape of oil, remove the oil from the vessel, remove or disperse oil spills if they occur and take action to remove the vessel. “If you fail to comply with the above directions, any expenditure or liability incurred shall be debt due to the central government and shall be recovered as per law,” the notice signed by Bodh Raj states.

     
    07 November, 2019 | Snippets
  • Yacht placed ‘under arrest’ at boat show over $4 million dispute

    With four parties battling in court over a $4 million yacht, there was only one way to be sure the wrong person doesn’t get possession of it. The yatch was ordered to be arrested. U.S. marshals boarded the 74-foot yacht at Bahia Mar on Sunday just after the close of the five-day Fort Lauderdale International Boat Show where it was displayed by the manufacturer, Sunseeker International. The marshals presented a signed order by U.S. District Judge Cecilia Altonaga authorizing the boat’s “arrest” — which in global maritime law is an action intended to remove a vessel from the control of parties involved in a dispute until it’s settled. After the arrest, the marshals transferred custody of the vessel to a court-appointed third-party custodian, National Maritime Services, run by Alan Swimmer. The yacht was taken to a secure “undisclosed location” where it will be cared for pending resolution of the dispute.

     
    06 November, 2019 | Snippets
  • Philippine SC to appoint Admiralty courts for shipping cases

    The Philippine Supreme Court (SC) announced that it would appoint Admiralty courts to speed up the handling of cases concerning shipping. The SC said it will name Admiralty courts pursuant to the new Rules of Pro­cedures that the SC en banc adopted and promulgated last September 17. “In order to enhance the administration of justice in Admiralty cases in the Philippines through the to provide parties in Admiralty cases a fast, reliable, and efficient means of recourse to Philippine courts, the Supreme Court saw it fit to provide Regional Trial Courts with a special and summary procedure for Admiralty cases as defined by The Judiciary Re­organization Act of 1980, Batas Pam­bansa (B.P.) Blg. 129, as amended,” the SC said in a statement.

    The SC said the high court shall “designate existing branches of the Regional Trial Courts as Admiralty courts which shall have jurisdiction over all actions in Admiralty.”. The high tribunal added that the Philippine Judicial Academy will train the judges and courts person­nel of the designated Admiralty courts.

    “The regular procedure pre­scribed in the Rules of Court, and other pertinent Supreme Court Cir­culars and Resolutions, shall apply to The Rules in a suppletory capacity insofar as they are not inconsistent,” it stated. The SC said the Office of the Court Administrator (OCA) will monitor periodically the application and adherence of the rules.

    “For this purpose, all designated Admiralty courts shall accomplish and submit a periodic report of data in a form to be generated and distributed by the OCA,” the High Court said. The tribunal said the rules shall take effect on January 1, 2020 fol­lowing its publication in the Official Gazette or in two papers of national circulation. The rules were drafted after the creation of the Special Committee for the Rules of Procedure for Admiralty Cases under Memorandum Order No. 23-2019 dated April 3, 2019.

     
    06 November, 2019 | Snippets
  • Availability of Audio Recordings of Singapore High Court Trials

    Parties may now apply for the audio recordings of High Court trials. The release of recordings (in the form of a DVD-Rom) will be subject to: approval by the Judge; the giving of the prescribed undertakings as to the use of the audio recordings; and payment of the appropriate fees and charges by the requesting party to the service provider.

    Audio recordings can only be requested for within six months from the hearing date. Before any audio recording can be released, the requesting party has to give the following undertakings (as also stated in the request form):

    “(a) I will pay the relevant charges to the service provider;

    (b) I will only use the audio recording for the preparation for hearings or appeals in the Singapore courts;

    (c) I will not upload, distribute or cause to be uploaded or distributed, whether on the Internet, on any social media, on any messaging service, or otherwise, the audio recordings without prior written permission from the Judge, nor will I make the audio recordings available to any other individual or entity (other than in accordance with paragraphs (d) and (e) below);

    (d) I understand that I may make the audio recording available to a member of staff whose actions I am responsible for, or a service provider that is in the business of making transcripts from audio recordings, for the sole purpose of generating transcripts of the audio recording for the preparation for hearings or appeals in the Singapore courts;

    (e) I will ensure that any person that obtains the audio recording from me will be made aware of the approved uses of the audio recordings, and I remain liable for unapproved distribution or use of the audio recordings by any such person;

    (f) I understand that if a certified transcript of the official record of hearing is required for any legal proceedings (including appeals), such a certified transcript must be obtained from the Court. Normal fees/charges would apply in respect of such a certified transcript;

    (g) I understand that the Court will not entertain any request to decide on (i) the accuracy of an unofficial transcript, or (ii) if more than one unofficial transcript is produced or obtained, which unofficial transcript to adopt. If there are issues or disputes relating to unofficial transcripts, the parties are to obtain a certified transcript of the official record of hearing from the Court. Normal fees/charges would apply in respect of such a certified transcript;

    (h) my attention has been drawn to s.4 of the Administration of Justice (Protection) Act 2016. I will ensure that every other individual or entity that obtains the audio recording from me is also made aware of this provision.”

     
    06 November, 2019 | Snippets
  • Panama Canal, AMP Upgrade Maritime Single Window

    The Panama Canal and the Panama Maritime Authority (AMP) upgraded their Panama Maritime Single Window System (VUMPA). The parties explained that the joint effort would “not only further optimize national maritime procedures required for international vessels visiting Panama, but also demonstrates how technology can be leveraged to improve efficiency and reduce carbon dioxide emissions in the logistics industry.”

    Launched in 2017, VUMPA is an online platform that automates information-sharing between Panamanian agencies involved in processing the reception and departure of ships, streamlining international maritime transportation at Panamanian ports. Core updates to VUMPA aim to improve the accuracy of cargo declarations for partnering shipping lines, as well as risk assessments conducted by Panamanian authorities. Additional enhancements include the implementation of a privacy policy, visualization of documentation submitted through the ship inspection system, creation of electronic alerts based on cargo type, inclusion of waste management reports and specific requirements from key Panamanian authorities, which can be accessed by Port State Control inspectors.

    It is estimated that VUMPA has already reduced the need for more than 300,000 paper forms and documents, improving the efficiency and carbon footprint of transshipment procedures and saving up to 3,260 hours on an annual basis, the Panama Canal Authority explained. “These upgrades will continue to help reduce costs, optimize itineraries and improve transparency and productivity, while providing substantial time savings to maritime customers taking advantage of Panama’s logistics offerings.”

     
    04 November, 2019 | Snippets
  • TOTAL joins Adani to create India’s premier integrated gas utility

    Adani and TOTAL have signed definitive agreements to deepen their existing partnership and commitment for developing multi-energy offerings to the Indian energy market. City Gas Distribution is a natural extension of the plans of both partners to invest in infrastructure and assets worth over $1 billion, which span Liquefied Natural Gas (LNG) infrastructure and marketing and fuel retail business, announced in October 2018. This demonstrates both partners’ commitment to this important partnership and confidence in Adani Gas as the leading gas distribution player, and commitment to the government’s vision to provide benefits of piped natural gas and CNG to 70 per cent population of the country, said a release.

    Transaction details;
    TOTAL will purchase 37.4 per cent shares in Adani Gas Ltd through a tender offer to public shareholders to acquire up to 25.2 per cent shares, subject to applicable regulations and purchase the residual shares from Adani Family. Adani Family and TOTAL SA shareholders shall ultimately hold 37.4 per cent each and public shareholders shall hold the remaining 25.2 per cent. The partnership and equity support from the partners will help Adani Gas Ltd accelerate project executions in all its new geographical areas. Adani Gas shall also pursue fuel retail business in India and target to set up 1,500 fuel stations offering top of the line products in the coming years.

    This strategic partnership expansion will create:
    Among the largest downstream energy businesses in India. Adani, the largest infrastructure conglomerate in India, and TOTAL, the world’s second largest LNG private player, will serve the fast growing gas demand of the Indian market. The expanded partnership will develop regasification terminals, including Dhamra LNG, on the east coast of India; market LNG to the Indian markets and, through Adani Gas, target to distribute gas to 7.5 per cent of India’s population. This strengthens the partners’ commitment to make big strides towards India’s vision of promotion of natural gas and clean energy mix. Multi-billion dollar commitment to a pan-India platform integrated gas utility. Both partners would make significant investments in the next 10 years across the businesses to develop India’s gas infrastructure, distribution, marketing businesses with presence in over 15 states reaching out to approximately 7.5 per cent of India’s population and setting up global scale and world class LNG, gas distribution and fuel retail infrastructure in India.

    Complementary portfolio of fuel retail and gas distribution network. As part of the existing joint venture, Adani and TOTAL in the coming years will target to build a fuel retail network of 1,500 retail stations on the main roads of the country such as highways and intercity connections. Adani Gas will also be setting up 1,500 CNG stations for gas distribution over the next 10 years in its and its joint ventures’ geographical areas across 71 districts, 68 towns across 15 states in India. In addition, Adani Gas and its joint venture will distribute gas to 6 million households in the next decade. Adani Gas CNG network will be developed exploring synergies, including co-location of fuel retail and CNG outlets.Both businesses would have significant complementarities by providing unique portfolio of multi-product services, including gas where Adani Gas Ltd has exclusive marketing rights. These offerings are in line with international standards that will also include TOTAL’s product range, the release added.

    Commented Adani Group Chairman, Mr Gautam Adani: “Adani is delighted to deepen its strategic partnership with TOTAL, a global energy major, to one of the largest downstream gas partnerships in India. TOTAL’s investment in Adani Gas reinforces India’s natural gas and demand potential. The partnership will derive significant synergies between Adani’s capabilities of developing world class assets and TOTAL’s global best practices as well as leveraging business synergies across LNG, fuel retail and City Gas Distribution. We look forward to working together towards delivering India’s vision for clean and green energy.”. With this announcement of TOTAL’s acquisition of 37.4 per cent stake in Adani Gas, Adani and TOTAL join to create one of India’s largest downstream energy partnerships, the release emphasised.

     
    14 October, 2019 | Snippets
  • Chemical Tanker Arrest in Singapore

    A chemical/oil products tanker has been detained in Singapore. Court records show that the vessel was held in the southeast Asian port on September 10. The ship, the 44,428 deadweight tonne Maritime Rosemary, is registered to Singapore-based interests, according to shipping database equasis. The reason behind the ship's detention are unclear but are likely to involve disputes over the payment for goods and services. The arresting law firm in this instance was Helmsman LLC, according to court records.

     
    12 September, 2019 | Snippets
  • Tanker Crews in Risk of Being Arrested off Libya says Gard

    Tanker operators were urged to carry out an assessment of the risks involved before engaging in voyages to Libyan waters, according to marine insurance provider Gard. Oil smuggling activities in waters off the Western Libya coast continue to pose risks to vessels in these waters.

    Over the last few years, nearly 300 crew members have been arrested and are being held in a Tripoli prison, awaiting trial for alleged oil smuggling, according to Gard’s Libyan correspondent. The fall of the Gaddafi regime and the subsequent formation of a UN recognized Government in the country, there has been an increase in illegal trade of government oil assets on the black market.

    “The Government is clamping down on this illegal trade and the vessels involved, knowingly or unknowingly, may have their crew arrested for later trials,” Gard said. Namely, tankers suspected of calling certain loading areas in Western Libya risk being boarded by the Libyan Navy and the vessel and its crew could be detained for further investigations. Gard added that the loading areas currently at risk are mostly located offshore between Zawiya and the Tunisian border.

    “Once a vessel has been detained, investigations can take several years,” Gard said.

     
    10 September, 2019 | Snippets
  • The King is dead. Senior Advocate Mr. S. Venkiteshwaran passes away

    Senior advocate Mr. S. Venkiteshwaran born on January 22, 1941 passed away on December 21, 2013 night. He was considered to be the best shipping lawyer of the country, he ruled this sector as a king. He was enrolled as an Advocate by the Bar Council of Maharashtra, under the Advocates Act, 1961 on October 10, 1962 and had commenced law practice with Mr. Rajni Patel,  Bar-at-Law, in his chambers, and started independent practice in 1963.  After 1978, he had started specialising in Shipping and Aviation matters, since then he started dominating the shipping and aviation sector in India. Was designated as Senior Advocate by the Chief Justice and Judges of the High Court of Judicature at Bombay on December 21, 1988.

     
    23 December, 2013 | Snippets | Read Full Post »
  • 4 B's, ranked by Legal500 as Top Tier Shipping law firms in India

    4 B's (Bharucha & Associates; Bhatt & Saldanha; Bose & Mitra & Co and Brus Chambers) all Mumbai based law firm are ranked by Legal500 as top tier law firm for shipping work in India while Mr. Zarir Bharucha of Bharucha & Associates, Dr. Shrikant Hathi of Brus Chambers and Mr. Shardul Thacker of Mulla & Mulla & Craigie, Blunt & Caroe are ranked as Leading Individuals for shipping work in India.

     
  • m.t. Maharshi Vamadeva arrested at New Mangalore for unpaid wages

    The vessel m.t. Maharshi Vamadeva owned by Varun Shipping Co Ltd was ordered to be arrested at New Mangalore by the Admiralty Judge of the Bombay High Court on October 17, 2013. Ex- Chief Engineer of the vessel m.t. Amba Bhaki initiated legal action under Admiralty jurisdiction.

     
  • Five other seafarers also initiates legal action against m.t. Maharshi Vishwamitra, ship ordered to be arrested at Sikka by the Bombay High Court

    The Bombay High Court ordered arrest of the vessel m.t. Maharshi Vishwamitra lying at Sikka on September 30, 2013 in five separate admiralty suits filed by Captain Rakesh Sharma, Captain Tripurendra Kumar, Mr. Pribakaran Mangaikilavan, Mr. Aditya Vijay Kumar, Mr. Naved Afaque. The vessel was initially ordered to be arrested on September 28, 2013 in an admiralty suit filed by Mr. Satish Chandra Tiwari. All the seafarers were appointed by Varun Shipping Co Ltd, were employed on the vessel “Amba Bhavanee”. Varun Shipping Co Ltd failed to pay their wages that remained unpaid. The existing seafarer on board the vessel m.t Maharshi Vishwamitra at Sikka have resorted to protest and are refusing to work and bring the vessel to berth.

     
  • Trailing suction hopper dredger KAMAL XXXV auction sold by Bombay High Court

    The Admiralty Judge of the Bombay High Court Mr. Justice S.J. Kathawalla auction sold the vessel Kamal XXXV in a judicial auction held in the open court to I B Buildcon Pvt Ltd for INR 15.36 crores, being the highest bidder.

     
  • Chief Engineer of tanker vessel m.t. Amba Bhavanee gets order of arrest of vessel m.t. Maharshi Vishwamitra at Sikka from the Bombay High Court

    Chief Engineer, Mr. Satish Chandra Tiwari who was employed by Varun Shipping Co Ltd filed an admiralty action in the Bombay High Court and have obtained an order of arrest of a tanker vessel m.t. Maharshi Vishwamitra owned by Varun that had arrived Sikka port for discharge of oil, for his unpaid wages. The arrest order was obtained at Judges chamber on a non-working Saturday evening time.

     
  • Indian motor tanker vessel Desh Shanti released by Iranian Revolutionary Guard Corps (IRGC)

    The vessel m.t. Desh Shanti having been in detention for nearly 26 days at Iran's Bandar Abbas Port, by Iranian Revolutionary Guard Corp (IRGC), the Central Iranian Authorities in Persian Gulf while carrying crude from Basrah in Iraq on August 12 citing environmental and pollution concerns and taken to Bandar Abbas, on a voyage carrying 140,000 tonnes of crude oil from Iraq to India. The ship was charged with polluting Iranian waters, specifically discharging oily ballast water. The arrest sparked a heated exchange between the two countries, with India calling for the vessel's immediate, unconditional release, rejecting Iran's call for a $1m letter of guarantee to secure the vessel's release, was released at 2345 hrs (IST) on September 6th and the vessel sailed out from Bander Abbas after receiving her documents. India had strongly objected to the detention, saying it was a "colourable" exercise in transgression of UN Convention on the Laws of the Sea and warning of serious ramifications. Objecting to pollution charges, India had said the vessel on a "innocent passage" from Basrah to Visakhapatnam was not voluntarily destined at any Iranian port and was "forcibly diverted" to Iranian waters and then subject to PSC inspection. In a strongly-worded letter to Iran, India had made it clear that Port State Control (PSC) is a legitimate mechanism to be utilised prudently and "any arbitrary enforcement of this well-established regime can have serious ramifications on the smooth conduct of international maritime transport and may send alarming messages to the shipping community....". A letter to the Iranian authorities read, "we, the Indian administration, strongly object to this colourable exercise of power and remind your administration that your act in this case was in transgression of the UNCLOS'82 and several other international conventions.". The pollution charges were strongly denied by the ship's owner, the Shipping Corporation of India, and with no technical faults found on the vessel, some have speculated that the arrest was politically motivated. India has reduced its imports of Iranian oil in the wake of escalating sanctions on Iran led by Western countries. Shipping minsitry provided evidence that the vessel was never closer than 400 nautical miles to the area where the alleged pollution occurred. Iranian authorities maintain that the detention was a technical and non-political issue.

     
  • Ocean Sparkle Limited initiates admiralty action against vessel m.v Eastern View in the Bombay High Court

    Ocean Sparkle Limited a Andhra Pradesh, India based company initiated admiralty action against a Hongkong flag vessel m.v. Eastern View. Mr. Justice S.J. Kathawalla the Admiralty Judge of the Bombay High Court ordered arrest of a vessel presently at Dharamtar off Mumbai.

     
  • Vessel m.v. Lily Noble sold for scrap, arrested by Bombay High Court

    Mr. Justice S.J. Kathawalla the Admiralty Judge of the Bombay High Court ordered arrest of a vessel m.v. Lily Noble in an admiralty action filed by Brilliant Maritime Services Ltd. Gujarat Maritime Board (GMB) is directed not to permit beaching of the vessel at Alang. The vessel m.v. Lily Noble does not appear to be in Gujarat waters until now as per AIS Satellite tracking and also from ship breakers source.

     
  • m.t Pratibha Neera auction sold by Admiralty Court to Baltanas Shipping for INR 19.75 crore

    Mr. Justice S.J. Kathawalla the Admiralty Judge of the Bombay High Court auction sold the vessel m.t. Pratibha Neera in an admiralty action filed by Indian Register of Shipping. When the matter was called out, Preet Overseas submitted a bid of Rs. 19.5 crores, which was subsequently eclipsed, by a higher bid of Rs. 19.75 placed by Baltanas Shipping. There were no further bids.

     
  • Gujarat High Court orders arrest of vessel m.v. Meem in light that the vessel is at Gujarat State waters, Bhavnagar Alang, within the sea jurisdiction of Gujarat Court

    Mr. Justice K.M Thaker of the Gujarat High Court orders arrest of vessel m.v. Meem in light that the vessel is at Gujarat State waters, Bhavnagar Alang, within the sea jurisdiction of Gujarat Court. Admiralty suit was initiated at the behest of Omega Bunker S.R.L against the vessel that had headed towards Alang for breaking. Advocate Mr. Bharat Rao appeared for ship breaker being the new vessel owner. m.v. Meem is already under arrest by order of the Bombay High Court.

     

  • Admiralty Judge forwards order to the Chief Justice as Dy. Sheriff of Mumbai is busy with his own work and not available most of the time

    Ships are ordered to be arrested by the Admiralty Judge on urgent basis on an apprehension that the ship will sail out of Indian waters and the claimants clam will be frustrated or the ship that is ordered to be released and needs to sail out urgently. In a normal practice the Sheriff of Mumbai office issues the letter for arrest of the ship to all concerned authorities immediately after the order of arrest, release or otherwise is passed by the Admiralty judge. Although Admiralty court permits direct service and authorities to act on email and or fax to arrest or release of a ship in practical sense there is no requirement for the letter from the office of the Sheriff of Mumbai. Recently it was brought to the notice of the Admiralty court that Dy. Sheriff is not available most of the time and letters issued are delayed or not made available at all, therefore there is a risk of the ship that is ordered to be arrested sailing out before she is actually arrested or the release delayed leading to huge loss to ship owner or ship interest. The Admiralty Judge has noted that the Office of the Sheriff of Mumbai is functioning without the Sheriff since last three years. Mr.Kazi,Deputy Sheriff, retired on 28­02­2013. Thereafter, no Deputy Sheriff is appointed, instead a Joint Secretary ­ cum ­ Solicitor, Law and Judiciary Department, is assigned the additional charge of the Sheriff as well as the Deputy Sheriff.

     
  • Cargo of Steam Coal laden on m.v. Spar Capella arrested

    The Admiralty Judge Mr. Justice S.J. Kathawalla of the Bombay High Court ordered arrest of cargo of steam Coal laden on the vessel m.v. Spar Capella in an admiralty action initiated by pacific Gulf Shipping Company Ltd against Kyori Oremin Limited.

     

  • S. Venkiteshwaran sets up Committee Maritime India (CM-I)

    The Committee Maritime—India (CM-I), Indian Maritime Law Association, on the lines of Comite Maritime International (CMI), the international body of Maritime Law Associations of different countries, has now been registered. Senior shipping advocate Mr. S. Venkiteshwaran, the President of CM-I states that "India has a long coastline with lot of shipping activities as well as energy and gas exploration work going on in a big way in our offshore waters. These activities bring with it an attendant responsibility of having proper legislations and regulations, for the benefit and ease of both the maritime administration as well as the industry. Today, there are many lawyers with shipping related practice, whose expertise can be relied upon and leveraged for common benefit of this maritime constituency". He further states that "We are all aware that it is time that many of our shipping laws require a review and updating, and it is not fair to depend totally on the Government and its agencies alone and / or to criticize them for inaction, unless we offer institutional advice to the Government. Presently, ad hoc assistance is being taken, but it is necessary to institutionalise it so that the Governmental agencies would be free to access the expertise available with an organisation, like the Committe Maritime—India (CM-I). This expertise could also be utilised by organisations like INSA or other trade organisations, when the requirement comes, from time to time.“Committee Maritime—India (CM—I)” is registered as a Society, under the Societies Registration Act as also under the Bombay Public Trusts Act. More details can be obtained from http://maritimelawassociation.com.

     

  • Han Hui vessel owner settles disputes with KTB Oil Corporation, vessel released as settled

    The owner of the vessel Han Hui paid the outstanding dues to KTB Oil Corporation and have settled their dues. The claimant have withdrawn the admiralty action initiated in the Bombay High Court against the vessel and have also obtained an order for release of the vessel Han Hui.

     

  • MSC Clementre sistership of MSC Nilgun arrested at Mundra, as vessel jumps arrest at JNPT port

    Mr. Justice S.J. Kathawalla the Admiralty Judge of the Bombay High Court ordered that the vessel MSC Clementre sistership of the vessel MSC Nilgun be arrested at Mundra port as the offending vessel m.v. MSC Nilgun that was ordered to be arrested jumped arrest and sailed out of Nava Sheva JNPT Port. Department of Fisheries initiated the legal action against the MSC vessel, The vessel owner furnished security to the court pending the suit and have obtained order for release of the vessel.

     

  • Bombay High Court Admiralty Judge confirms auction sale of Pratibha Indrayani and Pratibha Tapi

    Admiralty Judge Mr. Justice S.J. Kathawalla of the Bombay High Court have confirmed auction sale of the vessels Pratibha Indrayani and Pratibha Tapi. The bill of sale of the vessel m.v. Pratibha Indrayani is issued in favour of the new buyer Best Oasis Limited and the sale of the vessel is confirmed and arrest order vacated as vessel is sold by court auction. The court also confirmed in another admiralty suit the auction sale of the vessel m.t. Pratibha Tapi in favour of M/s Shakun Gases Private Limited, the new buyer as the entire sale consideration has been received by the Sheriff's Office, the court has directed the Sheriff's office to execute the bill of sale for the said vessel m.t. Pratibha Tapi in favour of the buyer. The order of arrest of the vessel m.t. Pratibha Tapi stands vacated.

     

  • Vessel released, making any payment towards Sheriff's poundage does not arise: Bombay High Court

    The vessel m.t. Chemical Arrow was ordered to be released by the Bombay High Court on August 14, 2013 but the acting Dy. Sheriff of Mumbai Mr. S.S. Shinde refused to issue the cover letter to the port authorities to release the vessel unless Sheriff's poundage is paid. The claimant and the intervenor immediately moved the court for clarification. The Admiralty Judge had earlier while ordering release of the vessel had mentioned that the poundage, if any, be paid as per High Court rules. The court clarified that since the Plaintiff the claimant has pursuant to the filing of the said suit and obtaining an order of arrest of the said vessel not received or recovered any amount from the vessel, the question of the Plaintiffs making any payment towards poundage does not arise and in view of this the vessel m.t. Chemical Arrow stands released without payment of any amount by the claimant who had initiated the admiralty action and or the intervenor applicant th buyer of the vessel Maritime Ventures Fund Limited towards poundage.

     

  • Vessel m.v. Se Pacifica ordered to be arrested by the Bombay High Court

    V.K. Industrial Corporation Ltd initiated legal action against the vessel m.v. Se pacifica in the Bombay High Court under admiralty jurisdiction and have obtained an order of arrest of the said vessel.

     

  • Admiralty court allows to move arrested vessel from berth to anchorage

    The Admiralty Judge Mr. Justice S.J. Kathawalla of the Bombay High Court allows to move arrested vessel m.t. STX Hero from Haldia berth at West Bengal to the customary usual place of anchorage within Haldia port area, while the vessel to continue to remain under arrest of the court order. The vessel was arrested by A/s Dan Bunkering Limited.

     

  • Vessel m.v. Meem once again ordered to be arrested by the Bombay High Court in another legal action

    The vessel m.v. Meem that had headed towards Alang ship breaking yard for being scrapped was ordered once again to be arrested by the Bombay High Court Admiralty Judge in a legal action initiated by South East Asia FZC- Ajman. Advocate Mr. Manoj Khatri is representing the claimant in the matter while DSK Legal is representing the ship breaker

     

  • Vessel m.v. Han Hui ordered to be arrested by the Bombay High Court jumps arrest at Mumbai Port arrested at Mundra

    British Virgin Islands based Bunker supplier, KTB Oil Corporation initiated legal action in the Bombay High Court for their unpaid bunker dues for supplies of bunker oil made at Masan Port to vessel m.v. Han Hui.  Since payments were not made to KTB Oil Corporation for the supplies their lawyer issued a legal notice demanding payment but there was no response therefore they instructed Indian solicitor firm, Brus Chambers for initiating legal action and obtaining order of arrest of the vessel m.v. Han Hui.  Dr. Shrikant Hathi and Ms. Binita Hathi of Brus Chambers prepared the pleadings overnight and filed the admiralty suit and moved the Admiralty judge the Hon'ble Mr. Justice S.J. Kathawala on August 14, 2013 the next day and obtained an order of arrest of the vessel lying at Mumbai Port. The order of arrest was effected upon Mumbai Port Trust and all authorities. The Sheriff of Mumbai and the attorney were later informed  that the vessel sailed out from Mumbai port and the next port of call of the vessel was not known to Mumbai port.  Dr. Hathi tracked the vessel using satellite AIS services, the vessel was found heading towards Mundra.  Officer from the  Sheriff of Mumbai along with a representative from the law firm reached Mundra and have arrested the vessel lying at Adani Port & SEZ Ltd at Mundra.     

     

  • Tanker vessel Chemical Arrow released from arrest by the Bombay High Court as vessel sold by the Madras High Court  

    Maritime Ventures Fund Ltd purchased the Vessel “M.T. Chemical Arrow” and having purchased the vessel in a judicial sale conducted by the Madras High Court intervened in the Bombay High Court Admiralty suit by which the vessel was arrested on 3 April 2013 thereafter the vessel was also arrested by the High Court of Madras on 4 April 2013 by other claimants. The vessel M.T. Chemical Arrow stood arrested at the port of Kakinada. The High Court of Madras by its Order dated 9th May 2013 ordered sale of the vessel by public auction. On 19th July 2013 the High Court of Madras after considering all the bids received by the High Court of Madras confirmed and declared Maritime Ventures Fund Ltd to be the highest bidder and accepted the offer of Rs.3,87,00,000/ accordingly deposited the full sale consideration and the sale of the vessel M.T. Chemical Arrow stood confirmed on as is where is condition together with her engines, gears, tackles, apparels, equipments, plant, machinery, furniture and fixtures and the same was free of all liens and encumbrances. In the light of the sale being confirmed the High Court of Madras by its Order dated 1st August 2013 had directed the Assistant Registrar to issue a Sale Certificate in buyers favour. The order of arrest passed by the High Court of Madras was set aside and the vessel M.T. Chemical Arrow was ordered to be released forthwith by an order dated 7th August 2013. The buyer intervened in the Bombay High court admiralty suit for order of release of the vessel as Kakinada Port Trust needs an Order of Release by the Court in Bombay High Court suit for releasing the vessel and allowing it to move from Kakinada Port.

     

  • Indian flag vessel Tuhina at Visakhapatnam arrested by the Bombay High Court

    Indian flag vessel Tuhina that arrived Visakhapatnam, Andhra Pradesh was ordered to be arrested by the Admiralty Judge the Hon'ble Mr. Justice S.J. Kathawalla of the Bombay High Court on August 13, 2013. United Bunkering & Trading (Asia) Pte Ltd initiated the legal action in rem against the vessel Tuhina under admiralty jurisdiction for unpaid bunker dues

     

  • Vessel m.v. Meem heading towards Alang ship breaking yard at Gujarat was arrested by the Bombay High Court, the owner of the vessel was heard by the Admiralty judge

    The Panama flag vessel m.v. Meem that was sold to a cash buyer for further sale to a ship breaker the vessel that was heading towards Alang ship breaking yard at Gujarat for being beached for demolition, was ordered to be arrested by the Admiralty Judge the Hon'ble Mr. Justice S.J. Kathawala of the Bombay High Court on August 12, 2013 in a legal action initiated by Al-bahriah Insurance & Re-insurance S.A.L. Counsel Mr. Rahul Narichania appeared for the new vessel owner. It appears that the vessel was enroute to Alang but not clear if she had entered Indian territorial waters when the legal action was filed in the Bombay High Court under admiralty jurisdiction

     

  • Two admiralty action against the vessel m.v. Theraps in the Bombay High Court withdrawn as settled

    The Liberian flag vessel m.v. Theraps that arrived Mumbai port was ordered to be arrested by the Admiralty Judge the Hon'ble Mr. Justice S. J. Kathawalla of the Bombay High Court in two separate admiralty suits filed by Alpha Oil Co Ltd and Hitec Maritime Co Ltd respectively, both are Korean based bunker oil suppliers and traders. The vessel was ordered to be arrested on March 27, 2012 in Alpha Oil's claim an and on April 4, 2012 in Hitec Maritime's claim. The vessel Theraps was ordered to be arrested while the Greek owner was in dialogue with Arya Corp a ship breaker, to sell her for scrap, the owner immediately furnished security to the court and obtained release of the vessel, on furnishing security to the court the Greek owner sold the vessel for scrap.

     

  • M.T. Pratibha Neera timeline for auction sale of the vessel scheduled by the Bombay High Court, reserve bid fixed at INR 23 crores,

    The Admiralty Judge Mr. Justice S.J. Kathawalla of the Bombay High Court had ordered arrest of two vessels namely m.t. Pratibha Tapi and m,t. Pratibha Neera in one admiralty suit filed by Indian Register of Shipping through their attorney Ms. S. Priya. The vessel m.t. Pratibha Tapi was given priority for auction sale as the vessel was in a bad condition and was auction sold for INR 18.25 crore to a ship breaker. The Bombay High Court have now scheduled the timeline for auction sale of the vessel m.t. Pratibha Neera and the reserve price for the vessel is fixed at INR 23 crore. The auction sale of the vessel m.t. Pratibha Neera is scheduled before the admiralty judge on August 23, 2013 at 3.00 PM. Pacific Ship Supplies Pte Ltd and Avalontec Singapore Pte Ltd, both Singapore based company have also filed legal action by filing an admiralty suit in the Bombay High Court and have arrested the said ship through their solicitors Brus Chambers. The vessel is presently lying at Visakhapatnam, India.

     

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