Kerala High Court Directs Russian Ship To Be Detained At Cochin Port Trust For Unpaid Dues To An Estonian Firm

The Kerala High Court on Monday directed a Russian vessel, MV MAIA-1 to be detained at the Cochin Port Trust for non-payment of dues to an Estonian firm, Bunker Partner OU. 

Justice Sathish Ninan issued the ex-parte order against the Russian cargo ship after being prima facie satisfied that the arrest was warranted in this case.

"On going through the averments in the plaint and also the affidavit filed in support of the application, I am satisfied that a prima facie case warranting an exparte order of arrest has been made out. Accordingly, a conditional order of arrest is issued. 'MV MAIA-1', along with her hull, tackle, engine, machinery spares, gear, apparel, paraphernalia, furniture, etc, presently anchored in the Cochin Port Anchorage until an amount of USD 23,503.14 equivalent to approximately INR 18,68,499.63 due to the plaintiff is deposited before this Court or until the defendant furnishes security for the said amount to the satisfaction of this Court." 

The Court was considering an admiralty suit instituted by an Estonian firm that supplied bunkers to the said Russian vessel. The firm had approached the High Court seeking a decree for an amount of USD $23,503 with interest @ 0.1% per day, which was the value of bunkers it had supplied to the Russian ship.

Senior Advocate VJ Mathew appeared for the Estonian firm and submitted that the vessel was presently at the Cochin Port Trust within the territorial waters of the High Court.

Recording this submission, the Single Judge directed the Deputy Conservator of Ports to execute the warrant and effect the arrest, seizure and detention of the vessel along with its hull, tackle, engines, machinery, boards, bunkers, equipment, peripherals and other appurtenants.

Further, the Court directed the firm to furnish counter-security of ₹5 lakh within a period of two weeks.

Case Title: Bunker Partner OU v. MV MAIA-1

Citation: 2022 LiveLaw (Ker) 363

Click Here To Read/Download The Order