Devki Nandan J. Gupta vs. M.V. Ocean Dominance

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY & VICE ADMIRALTY JURISDICTION

ADMIRALTY SUIT (LODGNG) NO.3325 OF 2010

Devki Nandan J. Gupta ....Plaintiff V/s. m.v. Ocean Dominance & Anr. ....Defendants

Mr.Prasad Pratap with Mr.Manoj Khatrii for the Plaintiff.

CORAM : S.J. VAZIFDAR, J. DATE : 25TH NOVEMBER, 2010.

P.C. :-

Not on board. Mentioned. Taken on board.

2. I have today signed the order for the arrest of the first defendant vessel. Defendant No.2 is the shipper.

3. The plaintiff has paid the freight. The goods are on board the vessel. It appears however from Exhibit "J" that the agent is insisting on an indemnity from the shipper in favour of the vessel in view of the cargo having been damaged. That is entirely a different matter and the cargo cannot be detained on the ground that the plaintiff has not arranged such an indemnity. The plaintiff is always at liberty to make a claim for damages, if any.

4. As far as the freight is concerned, the bill of lading contains an endorsement that the freight has been paid (Exhibit "C").

5. In these circumstances, I have signed the Judge's order

for arrest of defendant No.1 vessel. The warrant of arrest is dispensed with. Port customs and all concerned are directed to act on a copy of this order, Judge's order duly authenticated by the Associate. Liberty to the plaintiff to serve a copy of this order by e-mail, fax at their cost to all concerned. All the concerned authorities to act on fax, e-mail copy of the authenticated copy of this order.