Munmun Kaur
Published On: January 25, 2022 at 13:02 IST
In a first, Kerala High Court held an urgent sitting late on Monday night, January 24. The hearing was convened at 11:30 PM after the plaintiff in the Suit approached the Court to prevent a ship from leaving the Cochin port.
The Plaintiffs, represented by Senior Advocate VJ Mathew, instructed by Advocate Vipin Varghese approached the Court with a maritime claim seeking to arrest vessel MV Ocean Rose. The vessel was scheduled to leave the Cochin port at 5 AM, early morning of January 25. Allegedly, the ship had failed to pay Rs 2.5 crore for supplying water to it.
The Counsel for the Plaintiffs also gave an oral undertaking that they would pay such damages in the event Defendant or such other party sustain prejudice due to the Order of the Court.
Justice Devan Ramachandran, hearing the matter stated that he is of the prima facie view that a case of arrest has been made out. Therefore, the Court ordered, “I hereby direct the registrar issue an order of arrest for MV Ocean Rose along with her hull, engines tackes, machinery, boats, bunkers, equipment, peripherals, and others lying at the Port of Cochin within the territorial waters of this court and that said warrant be executed at any time of day or night. It is resultantly ordered that the executive of Port Trust effect this warrant and arrest”.
However, the Court held that if the amount of Rs 2.43 crore owed along with interest and legal fees is paid by Ocean Rose, the warrant of arrest will be withdrawn.