IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY THE SEVENTEENTH DAY OF AUGUST TWO THOUSAND AND TEN : PRESENT: THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY APPLICATIONNO: 652 of 2010 IN C.S. NO: 1 of 2010 Between: 1. Pogoryelov. Denys, 2/MATE, 2. Vatrych. Volodymyr, 3/ENGR, 3. Krmalit. Sergiy, 2/ENGR, On Board the Vessel MV POSEIDON now lying at the outer Anchorage, Visakhapatnam Port, rep. by their Power Agent Mr. K.B. Baba, S/o. K. Suryanarayana, R/o. Flat No. 105, Gharonda Apartments, D.D. Colony, Bagh Amberpet, Hyderabad-500007. ..... Petitioners (Plaintiffs in C.S. No : 1 of 2010 on the file of High Court) AND 1. Owners and Parties interested in the Vessel “M.V. POSEIDON”, Now lying at the outer Anchorage, Visakhapatnam Port, Andhra Pradesh and rep. by its Master. 2. Owners and Parties interested in the Vessel “MV POSEIDON” now lying at the outer Anchorage, Krishnapatnam Port, Andhra Pradesh, rep. by its Master. 3. The Traffic Controller, Krishnapatnam Port, Krishnapatnam (R1 is not necessary) .....Respondents (Defendants in -do-) Petition under Section 151 of C.P.C., praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue an order of Arrest directing the 3rd respondent i.e. Krishnapatnam Port Authorities to arrest the Vessel M.V. POSEIDON berthed at Krishnapatnam Port, pending disposal of C.S. No. 1 of 2010 on the file of the High Court; The application coming on for hearing upon perusing the application and the affidavit filed herein and the order of the High Court dated: 04-08- 2010 made in Application No. 708 of 2010 and upon hearing the arguments of Sri Subrahmanyam Kurella, Advocate for the petitioners and Sri P. Sri Raghuram, Advocate for the Respondent No. 3, the Court made the following ORDER: “This application is filed with a prayer to direct the Authorities of the Krishnapatnam Port to arrest the vessel M.V. POSEIDON said to have been berthed at that Port. The petitioner filed Appln. 708 of 2010 with similar request for arrest of the vessel at Visakhapatnam Port. By recording certain reasons, an order was passed on 04-08-2010. It is however stated that by the time the order was communicated, the vessel left Visakhapatnam Port and is now anchored at Krishnapatnam Port. For the same reasons that are mentioned in the order, dated: 04-08-2010, there shall be interim direction as prayed for”. JOINT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Master, Owners and Parties interested in the Vessel “MV POSEIDON” now lying at the outer Anchorage, Krishnapatnam Port, Andhra Pradesh. 2. The Traffic Controller, Krishnapatnam Port, Krishnapatnam (ADDRESSEES 1 & 2 BY RPAD) 3. One CC to Sri Subrahmanyam Kurella, Advocate (OPUC) 4. One CC to Sri Sriraghuram, Advocate (OPUC) 5. One spare copy. Ksv HIGH COURT Ksv Date of drafting: 18-08-2010 LNRJ DATE: 17-08-2010 ORDER APPLICATION NO. 652 OF 2010 IN C.S. NO. 1 OF 2010 DIRECTION IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY THE SEVENTEENTH DAY OF AUGUST TWO THOUSAND AND TEN : PRESENT: THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY APPLICATIONNO: 652 of 2010 IN C.S. NO: 1 of 2010 Between: 1. Pogoryelov. Denys, 2/MATE, 2. Vatrych. Volodymyr, 3/ENGR, 3. Krmalit. Sergiy, 2/ENGR, On Board the Vessel MV POSEIDON now lying at the outer Anchorage, Visakhapatnam Port, rep. by their Power Agent Mr. K.B. Baba, S/o. K. Suryanarayana, R/o. Flat No. 105, Gharonda Apartments, D.D. Colony, Bagh Amberpet, Hyderabad-500007. ..... Petitioners (Plaintiffs in C.S. No : 1 of 2010 on the file of High Court) AND 1. Owners and Parties interested in the Vessel “M.V. POSEIDON”, Now lying at the outer Anchorage, Visakhapatnam Port, Andhra Pradesh and rep. by its Master. 2. Owners and Parties interested in the Vessel “MV POSEIDON” now lying at the outer Anchorage, Krishnapatnam Port, Andhra Pradesh, rep. by its Master. 3. The Traffic Controller, Krishnapatnam Port, Krishnapatnam (R1 is not necessary) .....Respondents (Defendants in -do-) Whereas the Application under Section 151 of C.P.C., praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue an order of Arrest directing the 3rd respondent i.e. Krishnapatnam Port Authorities to arrest the Vessel M.V. POSEIDON berthed at Krishnapatnam Port, pending disposal of C.S. No. 1 of 2010 on the file of the High Court; Whereas the Court upon perusing the Application and the affidavit filed herein and upon hearing the arguments Sri Subrahmanyam Kurella, Advocate for the petitioner and Sri P. Sriraghuram, Advocate for the Respondent No. 2 ordered that the arrest of the ship MV. POSEIDON, berthed at Krishnapatnam Port and also directed the 2nd respondent to ensure due execution of the warrant of arrest against the 1st respondent; Therefore you viz; The Traffic Controller, Krishnapatnam Port, Krishnapatnam are hereby directed to arrest the ship M.V. POSEIDON berthed at Krishnapatnam Port and also ensure due execution of the warrant of arrest against the 2nd Respondent. You are further directed to execute the Warrant without fail and to return the same as early as possible to this Court with a detailed report stating the manner in which it has been executed. Herein fail not. JOINT REGISTRAR To 1. The Traffic Controller, Krishnapatnam Port, Krishnapatnam (BY RPAD with a copy of detailed order and affidavit) 2. One spare copy. Ksv HIGH COURT LNRJ DATE: 18-08-2010 ORDER APPLICATION NO. 652 OF 2010 IN C.S. NO. 1 OF 2010 WARRANT