IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 SP.JC.No. 1 of 2010(R) ---------------------------------- PETITIONER: ---------------------- ABAD EXIM PVT. LTD., BAY PRIDE BUILDING, KOCHANGADI, COCHIN-682 002, REPRESENTED BY ITS GENERAL MANAGER MR.A.R.MOHAMMED ZIA. BY ADV. SRI.JOY THATTIL ITTOOP RESPONDENT(S): --------------------------- 1. MOTOR VESSEL - BUNGA PELANGI DUA, AT PRESENT BERTHED AT NHAVA SHEVA PORT, MUMBAI, REPRESENTED BY HER MASTER. 2. MALAYSIA INTERNATIONAL SHIPPING CORPN. (MISC), (A SUBSIDIARY OF PETRONAS), LEVEL 25, MENARA DAYABUMI, JALAN SULTAN HISHAMUDDIN, 50050, KUALA LAMPUR, MALAYSIA, REPRESENTED BY ITS CHAIRMAN CUM MANAGING DIRECTOR. 3. M/S.CRESENT SHIPPING AGENCY (INDIA)LTD., AGENTS FOR MALAYSIA INTERNATIONAL SHIPPING CORPN.(MISC), TRANSWORLD HOUSE, 5TH CROSS ROAD, WILLINGDON ISLAND, COCHIN-682 003, REPRESENTED BY ITS BRANCH MANAGER. 4. M/S. FLOWER INTERNATIONAL HOTEL SHAJAHAN ARCADE, 91, SADARGHAT ROAD, CHITTAGONG, BANGLADESH, REP. BY ITS CHAIRMAN CUM MANAGING DIRECTOR. 5. THE PORT OFFICER, JAWAHARLAL NEHRU POST TRUST, PORT OF NHAVA SHEVA, GTI TERMINAL, MUMBAI. R1 TO R3 BY ADVS. SRI.V.J.MATHEW, SRI.BIJISH B.TOM, SRI.VIPIN P.VARGHESE. THIS SPECIAL JURISDICTION CASES HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - SP. JC No. 1 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2010 J U D G M E N T This Special Jurisdiction Case was originally filed by the petitioner for detention of the 1st respondent's ship under Section 443 of the Merchant Shipping Act 1958 and Article 226 of the Constitution of India on the ground that the petitioner proposes to file proceedings before the civil court for recovery of damages due to the petitioner from the 1st respondent ship. This court had originally passed an order of detention of the ship which was later modified by order dated 24.02.2010 which reads as follows: “Heard the learned counsel for the petitioner and the learned counsel for respondent Nos.1 to 3. 2. This Court passed an interim order dated 23/02/2010 for the arrest of the vessel, namely, M.V. Bunga Pelangi Dua. 3. The learned counsel appearing for respondent No.3 has filed this Interlocutory Application No.98/2010 seeking for a direction to lift the order of arrest passed by this Court and accept the demand draft No.339852, dated 24/02/2010 drawn on Standard Chartered Bank for a sum of Rs.25,00,000/- which is equivalent to U.S $ 51,704, in favour of the Registrar General, High Court of Kerala. SP. JC No. 1 of 2010 -2- 4. The learned counsel for the petitioner in S.P.J.C. has no objection in lifting the order of arrest and to accept the security offered. Therefore, interim order dated 23/02/2010 is vacated and the order of arrest is lifted. The security offered by respondent Nos.1 to 3 along with a memo dated 24/02/2010 in favour of the Registrar General, High Court of Kerala will be accepted and Registrar General will take steps to deposit the amount in a fixed deposit account with the State Bank of India, High Court Branch, and keep the fixed deposit receipt in safe custody until further orders. 5. The order to lift attachment of the vessel will be communicated to the fifth respondent at the expense of respondent Nos.1 to 3.” 2. The learned counsel for the petitioner submits that, the petitioner has already filed O.S. No.145/2010 before the Sub Court, Kochi against the respondents for recovery of damages. In the above circumstances this SPJC is disposed of holding that the security furnished by the respondents would be held by the Registrar to be dealt with in accordance with the decree in O.S.No.145/2010 as and when the same is passed, subject to further orders which may be passed in appeal. S. SIRI JAGAN JUDGE shg/