Orissa High Court Orders Arrest Of Cargo Vessel 'MV MAGNET TEAM' At Paradip Port Over ₹2.11 Crore Unpaid Dues

The Orissa High Court has recently ordered the arrest of cargo vessel 'MV MAGNET TEAM (IMO: 9233507)' at the Paradip Port for alleged violation of terms of the 'charter party' with a shipping company.Entertaining the urgent plea of the plaintiff-shipping and chartering company, the Admiralty Judge Justice V. Narasingh said –“This Court is persuaded to hold that unless order of arrest of Defendant Vessel – MV MAGNET TEAM (IMO: 9233507), as prayed for, is passed, the cause of the Plaintiff will be frustrated and the suit will be rendered infructuous, as it is stated by the Plaintiff on instructions that the Vessel in question is likely to leave jurisdictional port i.e. Paradip Port in course of the day.”Though the matter was originally not in the cause-list, it was mentioned before the Bench on Monday citing urgency. The plaintiff-Silk Road Shipping and Chartering Ltd. submitted that the defendant-vessel allegedly violated the terms of charter/agreement.As per Section 4(1)(h) of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, the jurisdictional High Court has power to hear and determine any question on a maritime claim, against any vessel, arising out of any agreement relating to the use or hire of the vessel, contained in a charter party. Thus, the Court was satisfied of its own jurisdiction hear the claim. The Shipping Company referred to the Holds Inspection Certificate, issued on the basis of an inspection dated 19.08.2025, which was conducted in the presence of the master of the defendant-vessel. The plaintiff thus claimed an amount of Rs. 2,11,82,656/- along with interest at the rate of 12% per annum till the realization of the dues of the plaintiff.Upon considering the submission as well as the contents of the plaint supported by documents annexed thereto, the Court was convinced that a prima facie case was made out for arrest of the defendant-vessel. It was also persuaded that unless an urgent order for arrest of the vessel was issued, the suit of the plaintiff shall be rendered infructuous as the vessel was scheduled to leave the Paradip Port in the evening.Therefore, an order for arrest of the vessel was issued and the plaintiff was given liberty to communicate the order along with letter of the Marshall of the Court through electronic mode. However, it was clarified that pendency of the admiralty suit shall not obstruct unloading of any loaded cargo from the said vessel.Case Title: SILK ROAD SHIPPING AND CHARTERING LTD., Cuttack v. MV MAGNET TEAM (IMO: 9233507)Case No: ADMLS No. 05 of 2025Date of Order: October 27, 2025Counsel for the Plaintiff: Mr. P. Kamat, Mr. G. Mishra, Mr. V. Kamat & Mr. Z. Cutlerywala, AdvocatesCounsel for the Defendant: NoneClick Here To Read/Download Order

Orissa High Court Orders Arrest Of Cargo Vessel 'MV MAGNET TEAM' At Paradip Port Over ₹2.11 Crore Unpaid Dues

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