(Prayer: To grant an interim order of arrest against Respondent vessel/Defendant vessel Owners and Parties, interested in the vessel M.V.Nereus Progress (IMO 9170913) a vessel flying flag of St.Kitts and nevis her owners and/or managers and/or master and all other persons concerned interested in her, together with her hull, tackles, engines, gears, plant, machinery, articles, things, apparel, equipment, stores and other paraphernalia on board, presently lying at the anchorage at VA Chindambaranar Port, Tuticorin Tamil Nadu in Indian territorial waters.)

1. Heard and carefully perused the materials available on record.

2. The case of the plaintiff is that the owner of the defendant Vessel placed an order with the plaintiff for supply of 20 Mts of MGO 0.1% and 160 Mts of MGO 0.5% deliverable at Sharjah-OPL Port. The order was confirmed and the plaintiff issued Bunker Confirmation dated 20.09.2024. On 21.9.2024, the supply was made to the defendants’ Vessel at the Anchorage of Sharjah Port.

3. The plaintiff issued an invoice dated 26.9.2024 on the Owner and the interested parties in the defendant Vessel for an amount of USD 124,200/-. The specific case of the plaintiff is that the owner and the interested parties in the defendant Vessel never disputed the invoice raised since they have acknowledged the same through an e-mail dated 11.10.2024.

4. As per the Bunker confirmation dated 20.09.2024, the payment must be made within 60 days from the date of delivery and if there is a delay, it contemplated late payment interest at the rate of 2% per month pro rata per annum.

5. The plaintiff subsequently raised another invoice dated 09.1.2026 covering the late payment fees. No payment was made by the owners of the defendant Vessel. Thus, the plaintiff is claiming for a total sum of USD 158,727/- along with interest. Since the plaintiff does not have any security for recovering this amount, the present application has been filed for the arrest of the defendant Vessel.

6. The learned counsel for the applicant submitted that the applicant has a maritime claim against the respondent Vessel under Section 4(1)(l) of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 and therefore is entitled to assert its maritime claim for the recovery of the amounts due and payable to the applicant.

7. This Court is of the considered view that a prima facie case has been made out by the plaintiff for grant of arrest. The balance of convenience and irreparable hardship has also been established by the plaintiff.

8. For the foregoing reasons, this Court is of the considered view that to protect the interest of the plaintiff suit claim, this Court is inclined to grant an order of arrest of the defendant Vessel, which is now lying at the V.O.Chidambaranar Post, Tuticorin, which is within the Admiralty jurisdiction of this Court. Accordingly, there shall be an order of arrest of the defendant vessel MV NEREUS PROGRESS, as prayed for in this application.

9. Notice to the respondent/defendant returnable by 10.02.2026. Private notice is also permitted. The applicant shall comply with Order 39 Rule 3A CPC.

10. Registry is directed to issue Warrant of Arrest as per the Admiralty Rules of this Court forthwith. The learned counsel for the plaintiff is permitted to communicate this order to all the authorities including the Master of the defendant Vessel, through all modes of service including by email. On receipt of such communication, the Authorities shall act upon the same immediately.