In a first, Kerala HC holds late night hearing to stop ship from leaving Kochi
The court held the sitting to hear a plea from a company in Kochi. Allegedly, the ship had failed to pay Rs 2.5 crore for supplying water to it.
FollowIn a first in the court's history, the Kerala High Court held an urgent late Monday night hearing to stop the goods ship MV Ocean Rose from leaving Kochi’s shores. The ship would have left in the early hours of Tuesday, so the High Court saw it fit to hold a night sitting.
The Bench of Justice Devan Ramachandran of Kerala High Court on Monday held a late night sitting in an admiralty suit as he wondered out loud whether he should wish the lawyers appearing before him ‘good morning’ or ‘good night’, Bar and Bench reported.
The court held the sitting to hear a plea from a company in Kochi. Allegedly, the ship had failed to pay Rs 2.5 crore for supplying water to it.
Justice Ramachandran in his interim order stated that he is of the prima facie view that a case of arrest has been made out.
“I hereby direct the registrar to 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,” ordered Ramachandran.
Meanwhile, the interim order also states that if the payment is not made within 15 days, steps can be taken to auction the vessel and the money recovered.
However, the Court said that if the principal sum of Rs 2.43 crore owed along with interests and legal feels is recovered then the warrant of arrest shall stand withdrawn on furnishing security to the satisfaction of the Court.
The petitioner had supplied water to the vessel which came with sulphur to the FACT unit, near here.
