Judgment:
ORDER:
1. In a suit for a maritime claim which has arisen under a charter party agreement this application has been filed for interim relief.
2. The case of the petitioner is that it was to supply maize to one Dera Commercial, a Jordanian company which is one of the group companies of the owners of the vessel M. V. Sur. Within two days of receipt of the bill of lading the payment was to be made by the buyer and the seller within a day thereafter was to make the freight payment.
3. As the price of the contracted goods dropped in the international market, on some pretext or the other the loading was delayed. A joint inspection was held and thereafter a part of the goods was loaded in Calcutta and a part is to be loaded in Vizag Port. On 14th June, 2011 for additional cost of loading a debit note was issued to the owners of the vessel M. V. Sur by the petitioner. The said debit note has been accepted and no objection has been raised therewith. By an electronic mail dated 14th June, 2011 the shipping agents have sought to refuse despatch of bill of lading unless demurrage and freight is paid and have assessed the goods as bad and smelly.
4. Therefore a maritime claim has arisen and entitles the petitioner to an order in terms of prayer (a) of the affidavit of arrest till 21st June, 2011.
5. Another reason for passing this order is that the charterers would have no interest in respect of the quality of the goods despatched and it is only the buyer who could raise an objection if any but one of the reasons for nondespatch of the bill of lading is the quality of the goods mentioned in the said electronic mail.
6. No notice of this application has been served on the respondent as the petitioner apprehends that upon receipt of notice steps prejudicial to its interest will be taken. Matter is made returnable on 20th June, 2011. Marshal is directed to communicate this order by facsimile message besides the usual mode of service.
7. Marshal, Port Authorities, Customs Authorities and all parties concerned are to act on a photostat signed copy of this order on the usual undertakings.