ASHIS KUMAR CHAKRABORTY,J. - (1.) The Court : This affidavit of arrest has been filed by the plaintiff in the admiralty suit praying for, inter alia, arrest of the defendant no.1 vessel, namely, "M.V. VSEVOLOD BELETSKIY" along with her tackle, apparel and furniture by invoking the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (hereinafter referred to as "the said Act of 2017").
(2.) The defendant no.1 vessel is a foreign vessel plying with Russian flag and presently lying at Haldia port within the admiralty jurisdiction of this Court. The petitioner's claim for Rs.13,21,527/- against the defendant no1. vessel appears to be on account of goods supplied to the defendant no.1 vessel. The Master of the defendant no.1 vessel has acknowledged the receipt of the goods supplied by the petitioner to be of good quality. According to the petitioner, its claim in the present suit against the defendant no.1 vessel constitutes maritime claims under Clause 4(1)(n) of the Act of 2017 which has come into force with effect from April 1, 2018.
(3.) Considering the materials on record, I find the petitioner has made out a prima facie case and the balance of convenience also lies in favour of the petitioner for obtaining an ex parte order of arrest of the defendant no.1 vessel, which is likely to leave the Haldia Port very shortly. Accordingly, there shall be an order of arrest of the defendant no.1 vessel, "M.V. VSEVOLOD BELETSKIY" in terms of prayer (a) of the affidavit of arrest.;