Arindam Sinha, J. - (1.) This admiralty suit is by plaintiff financier against two barges, M.V. Kamal - XXIII and M.V. Kamal - XXIV. Plaintiff extended financial accommodation for purchase, by its borrower, the two barges, second hand. Borrower paid three and a part of fourth instalments out of agreed number, towards part repayment of the accommodation. On default by borrower, plaintiff terminated the agreement and claimed against the vessels, aggregate instalments amount due, overdue compensation and cheque bouncing charges at total sum of Rs.16,73,94,424/-, for decree. The vessels had caused accumulation of dues in connection with charges levied by Mumbai Port Trust, which came and got itself added as party defendant in the suit. Owners or persons interested in the vessels stayed away. Several interlocutory orders were made by different co-ordinate Benches, as referred hereinafter, for, inter alia, arrest, sale of the vessels, addition of party and appointments of Commissioners.
(2.) Mr. Banerjee, learned senior advocate appears on behalf of plaintiff and had on earlier occasion filed, inter alia, a brief containing interlocutory orders passed in this suit. He demonstrates from order dated 29th June, 2016, made in GA 591 of 2016, there was appointment of Commissioner for purpose of recording evidence in the suit. Court notices said order was passed in presence of added defendant. Mr. Banerjee submits, Commissioner filed report, taken on record on 13th February, 2017. On perusal of the report Court finds, agreement dated 3rd July, 2012 had been tendered in evidence as exhibit F. Deed of hypothecation dated 3rd July, 2012, termination notice dated 18th March, 2015 including proof of service thereof on borrower as also statement of accounts and other documents were tendered by plaintiff in evidence through its witness. Exhibit F provides for overdue charges but clause 2.9 and sub-clauses thereunder contemplate repayment, for overdue charges to be imposed. There has not been repayment. The agreement also provides for consequences on default, being, inter alia, termination and financier's right to demand payment thereupon.
(3.) Mr. Bose, learned senior advocate appears on behalf of added defendant and submits, his client could avail statutory remedy for recovery of its dues but it learnt the vessels had been arrested by this Court. Hence, it applied and got itself added as party defendant. He relies upon order dated 6th December, 2013, by which his client was added on observation made therein that his client has paramount charge relating to sale proceeds.;