Successful Representation in Urgent Admiralty Suit Before the Calcutta High Court Resulting in Arrest of MV KASSIOPI GR at Haldia Dock

We are pleased to share that we successfully moved an urgent admiralty suit before the Calcutta High Court, resulting in the arrest of the MV KASSIOPI GR, a foreign vessel at Haldia Dock.

In this case, the plaintiff’s claim was for unpaid bunker supplies totaling USD 189,450 including interest and costs.The vessel was scheduled to sail on the same day the matter was heard.

Held: The Court exercised its discretion to dispense with pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, holding that the element of urgency justified immediate judicial intervention. The Court applied Section 11 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, observing that unpaid bunkers constitute a recognised maritime claim and that the vessel itself operates as the security for such claims. The Court found a clear prima facie case, supported by documentary evidence, and accepted that service of notice prior to arrest could have enabled the vessel to sail away and ordered arrest of the vessel.

Consequently, after the arrest took place, it was vacated within a day due to outside court settlement between the parties resulting in payment of the plaintiff’s dues.

In admiralty matters time is the most critical factor . Ship arrest remains one of the most powerful legal remedies in maritime law since the vessel is often the only security but when a foreign-flagged vessel is hours away from sailing into international waters, precision is everything.

We are proud of our team’s swift action in navigating the Admiralty Act, 2017 and the Commercial Courts Act to protect our client’s interests.