(Prayer: maybe pleased to a. Order and decree the suit in favour of the Plaintiff and against the Defendants in the sum of USD 15,306.73 (United States Dollar Fifteen Thousand Three Hundred Six and Seventy-Three Cents Only) and all interest accrued thereupon at the rate of 12percent b. Order and Direct 1st Defendant Vessel M.V. WORLD VIRTUE (IMO 9860374) being the sister vessel of the defaulting Vessel M.V WORLD DIANA, both owned by the entity BW DRY C/V GO, together with her hull, engines, gears, tackles, bunkers machinery, apparel, plant, furniture, fixtures, appurtenances and paraphernalia, plant and machinery at present lying at Port and Harbor at Visakhapatnam, Andhra Pradesh or wherever she is within the territorial waters of India be arrested and detained by a Warrant of Arrest of this Honble Court until the satisfaction of the Plaintiffs claim in the claim of USD 15,306.73 (United States Dollar Fifteen Thousand Three Hundred Six and Seventy-Three Cents Only) along with the accrued interest of 12percent per annum till the realization of the payment and the lis pendens interest thereupon and the same be condemned in respect of the Claim herein and be ordered to be sold along with her hull, engines, gears, tackles, bunkers machinery, apparel, plant, furniture, fixtures, appurtenances and paraphernalia and the net sale proceeds thereof be ordered to be applied to the satisfaction of the Plaintiffs' claim herein and the cost of this Suit c. To pass necessary orders for the cost of litigation amounting to Rs. 5,00,000/- (Rupees Five Lakhs Only) incurred by the Plaintifffor bringing forward this suit o award all the interest accrued during the pendency of this Suit as lis pendens interest to the Plaintiff. e. That the Plaintiff in the instant case be allowed to issue notice to the Defendants through Email as well as any other manner this Honble Court deems fit in the interest of expeditious communication. f. To pass any other orders this Honble Court deems fit in the given set of facts or circumstances for the interest of justice, equity and good conscience.

IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to permit me i.e., Mr. Sakibanda Narasimhulu to represent the Petitioner vide resolution dated 25.11.2025 in the present proceedings and to pass such

IA NO: 2 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased be pleased to pass an ex-parte ad- interim order directing the arrest of the Defendant vessel MA/ WORLD VIRTUE (IMO 9860374) along with her hull, engines, gears, tackle, bunkers, machinery apparel, plant, furniture, fixtures, appurtenances and paraphernalia, plant and machinery at present lying at Visakhapatnam Port, Andhra Pradesh or wherever she is within the territorial waters of India, in the interest of justice and equity till security towards the Plaintiffs claim of USD 15,306.73 (United States Dollar Fifteen Thousand Three Hundred Six and Seventy-Three Cents Only) in the suit/other appropriate proceeding is furnished and pass such)

COMS No.7 of 2025

Admit.

Post after two (02) weeks.

I.A. No. 2 of 2025

1. This application is filed by the plaintiff to issue Warrant of Arrest against Defendant No.1 Vessel M/V. WORLD VIRTUE (IMO 9860374) along with her hull, engines, gears, tackle, bunkers, machinery, apparel, plaint, furniture, fixtures, appurtenances and paraphernalia, plant and machinery, which is presently anchored at Visakhpatnam Port, which is within the territorial waters of India and within the admiralty jurisdiction of this Court.

2. The claim arises from shortage of delivery of a cargo of Argentine Corn carried abroad by vessel MV Word Diana under Bill of Lading No.WD-06 dated 28.06.2025 from Cai Lan Port, Vietnam to San Lorenzo, Argentia from the Shipper - Bunge Argentina to the Consignee – Nam Viet Joint Stock Company.

3. On discharge at Cai Lan Port, Vietnam, the surveys by Port Authorities of P&I Club, Sao Viet Control Joint Stock Company and Spica (representing Cai Lan Port) confirmed shortages of 60.983 MT. it was found that, the quantity of goods to be transported was indeed 4,750 MT and the goods actually delivered was 4,689.017 MT.

4. As per Exhibit-J, the losses suffered by the plaintiff amounts to USD 15,306.73, since the shortfall quantity is 60.983 MT (arrived at multiplying the cost pe5r tone into the goods shortfall i.e. 251 x 60.983). Nam Viet Joint Stock Company, the consignee subrogated all rights of recovery to the plaintiff under letter of subrogation dated 15.07.2025, for USD 12,247.244. Demand notice issued on 05.10.2025 was not answered.

5. Learned counsel for the plaintiff submits that, Defendant No.1 Vessel has short-delivered the goods which it contracted to deliver, as such, it is liable to make good the lossess and damage which has been suffered by the plaintiff organization.

6. He submits that the Hon’ble High Courts have inherent and plenary jurisdiction to deal with such claim in accordance with general principles and applicable statutory law and order arrest of ship. In support of his contentions, learned counsel placed reliance on the judgment of Hon’ble Supreme Court in M.V. Elisabeth and others vs. Harwan Investment and Trading Pvt. Ltd [1993 Supp (2) SCC 433].

7. None appears for the defendants.

8. Heard learned counsel for the plaintiff and perused the material available on record.

9. A foreign vessel, no matter what flag she flies, owes temporary and local allegiance to the sovereign of any port to which she comes and the persons in such a vessel likewise must obey the laws and regulations of the port. All foreign merchant ships and persons thereon fall under the jurisdiction of a coastal State as they enter its waters and the coastal States are entitled to assume jurisdiction in respect of maritime claims against foreign merchant ships lying in their waters and these ships are liable to be arrested and detained for the enforcement of maritime claims. Therefore, the courts of the country in which a foreign ship harbours, roadsteads and the territorial waters, subject itself to the jurisdiction of the local authorities in respect of maritime claims and it is liable to be arrested for the enforcement of such claims. (vide M.V. Elisabeth and others vs. Harwan Investment and Trading Pvt. Ltd)

10. On perusal of Exhibit-I, Report of Equasis, it would show that, the vessel which caused the shortfall – MV World Diana (IMO 9875214) is a vessel which is sailing under the Flag of United Kingdom and it is owned by an organization by name “BW Dry Cargo”. Defendant No.1 vessel i.e. MV World Virtue (IMO 9860374) is the sister ship of M.V. World Diana (IMO 9875214), which is owned by the same organization. The same is reflected in the Euqasis portal.

11. The letter of subrogation dated 15.07.2025, the unanswered Demand notice issued on 05.10.2025, clinchingly establishes that the plaintiff is having substantial interest in the maritime claim. Hence, this Court prima facie, find that these documents would prove that, both the vessels i.e M.V. World Diana and MV World Virtue are owned by the same Organization i.e. “BW Dry Cargo”. Accordingly, both these vesels are, prima facie, sister vessels.

12. Since Defendant No.1 vessel is anchored at Visakhapatnam Port, within the territorial jurisdiction of this Court, this Court has admiralty jurisdiction over the same as per the provisions of the Admiralty (Jurisdiction and Settlement of Maritime Claims), 2017 (for short Act, 2017). Therefore, this Court finds that the averments in the affidavit, documents produced by the plaintiff and submissions of learned counsel for the plaintiff would make out a maritime claim against Defendant No.1 under Section 4 of the Act, 2017 to invoke the admiralty jurisdiction of this Court conferred under Section 5 for arrest and detention of Respondent No.1 vessel, in order to obtain security for the claim.

13. This Court is satisfied that an arguable maritime claim is made out by the plaintiff, warranting a conditional order of arrest of Defendant No.1 vessel till Defendant No.1 furnishes security for the maritime claim.

14. Though the plaintiff claimed the maritime claim of USD 15,306-73, the amount covered under Receipt & Subrogatin dated 15.07.2025 is USD 12,247.244.

15. Therefore, the following conditional order is passed:

                  (i) The 1st defendant vessel by name “MY WORLD VIRTUE (IMO 9860374)” along with along with her hull, engines, gears, tackle, bunkers, machinery, apparel, plaint, furniture, fixtures, appurtenances and paraphernalia, plant and machinery, which is presently anchored at Visakhpatnam Port, is ordered to be arrested until USD 12,247.244 or equivalent in Indian Currency is deposited within a period of 72 hours from today, by the 1st defendant before the Registrar (Judicial), High Court of Andhra Pradesh, Amaravati Court or until security for the said amount is furnished by the 1st respondent to the satisfaction of this Court.

                  (ii) It is ordered that the 2nd respondent shall execute the Warrant and effect the arrest, seizure and detention of the said vessel “MY WORLD VIRTUE (IMO 9860374)” along with along with her hull, engines, gears, tackle, bunkers, machinery, apparel, plaint, furniture, fixtures, appurtenances and paraphernalia, plant and machinery, as ordered above.

                  (iii) The 2nd defendant is hereby directed that, after execution of arrest of 1st defendant Vessel, submit compliance report in detail to this Registrar (Judicial), High Court of Andhra Pradesh, Amaravati, within a period of two (02) weeks from the date of arrest of the Vessel.

                  (iv) It is made clear that this order will not in any way prevent the loading and unloading of cargo of the vessel.

                  (v) Learned counsel for the plaintiff is permitted to inform the order of this Court to the respondents.