S.J. Kathawalla, J. - (1.) THE present Notice of Motion has been filed by the head owners of Defendant Vessel m.t. Everrich 8 (hereinafter referred to as "the Applicant") for transfer of the Defendant vessel (under arrest) from the port of Ennore, to the port of Haldia to facilitate discharge of remaining cargo of Butane and Propane i.e. Liquid Petroleum Gas (LPG).
(2.) DEFENDANT No. 1 Vessel was arrested at the port of Ennore, Tamil Nadu pursuant to an Order of arrest dated 20th August, 2015 passed by this Court in the above Admiralty suit. The Applicant has stated that it has through its subsidiary Yuanland Ltd. entered into a Voyage Charter Party dated 13th August, 2014 read with Addendums I and II with one Rakha Al Khaleej International LLC ("Rakha") for carriage of LPG on board the Defendant Vessel.
(3.) RAKHA in turn sub chartered the Defendant Vessel to Indian Oil Corporation Limited (IOCL), a Government of India undertaking for carriage of Propane and Butane (LPG) from port of Ras -Laffan to port of Sikka, port of Ennore and port of Haldia. The Applicant has discharged part cargo at port of Ennore. The balance cargo of 20,998 MTs of Propane and Butane (LPG) is required to be delivered to IOCL, Bharat Petroleum Corporation Limited (BPCL) and Hindustan Petroleum Corporation Limited ("HPCL") at the port of Haldia.;