LMJ INTERNATIONAL LIMITED Vs. KIM GEONG TAI

JUDGEMENT

(1.) Being aggrieved by the order in A. No. 2504 of 2011 in C.S. No. 75 of 2011 interalia directing the Appellant/Intervener-LMJ International Limited to pay USD 671,658.24 and also to pay a sum of Rs. 50,57,544.90 to M/s. Sea Traffic, the agent, who are now taking care of the supply of necessaries to the vessel M.V. OSM Arena, Appellant has preferred this appeal.

(2.) M/s. Shinhan Capital Company Limited having purchased the vessel M.V. OSM Arena from M/s. Sunwoo Merchant Marine Company Limited under the Vessel Sale & Lease Agreement dated 04.11.2008. The said vessel was further leased back to M/s. Sunwoo Merchant Company Limited under the Vessel Lease Agreement dated 04.11.2008. Thereafter on 30.06.2009, there was amendment to the said Kun mortgage with M/s. Ocean Success (OS) Maritime Company Limited being the new lessee and agreeing to participate in debt thereby replacing the original mortgagor viz., M/s. Sunwoo Merchant Marine Company Limited. M/s. Ocean Success (OS) Maritime Company Limited (OSM) incurred debt under the mortgage security.

(3.) Charter party evidenced by fixture note entered into between the Appellant and disponent owner, viz., M/s. Seoil Shipping Company Limited. As per the Charter party fixture note dated 01.08.2009, vessel M.V. OSM Arena carried about 43,000 MT Bulk iron ore belonging to the Appellant-LMJ International Limited from Haldia, Paradip, Vizag to a designated Port in China. Vessel M.V. OSM Arena arrived at the Port of Haldia in August, 2009 and completed the loading at the Port of Haldia on 22.08.2009. Master of vessel authorised one M/s. Bon Voyage Shipping and Logistics to sign bill of lading on behalf of the vessel.