SIGMA COATINGS BV Vs. M V AGIOS NIKOLAOS

JUDGEMENT

(1.) SIGMA COATINGS BV. , a company incorporated under the laws of Netherlands has filed this action in rem on the admiralty side of this Court against a foreign flat vessel known as m. v. "agios NIKOLAOS" at present lying in the part and harbor of Bombay and Cristeta Shipping Ltd. , for recovery of sum Guilders (NLG) 58,745. 10 and Rs. 3,88,762. 03 together with interest at the rate of 24% per annum from the date of the suit till payment. The plaintiffs have also sought an order from this Court to the effect that the 1st defendant vessel along with her engines, gears, tackles, bunkers, machinery, apparel, plant, furniture, appurtenances and paraphernalia be arrested under a warrant of arrest of this Hon'ble Court.

(2.) THE plaintiffs have made an application for interim relief seeking arrest of the 1st defendant vessel or in alternative for an appropriate order of injunction in aid of their assertion to the effect that the plaintiffs have maritime lien over the 1st defendant vessel in respect of the suit claim.

(3.) IT is the plaintiffs case that during the month of July 199 3/08/1993 and Sept. 1993 the plaintiffs had supplied paints (i. e. maritime necessaries) to the 1st defendant vessel in pursuance of the orders placed by the defendants herein. The plaintiffs raised four invoices dated 2-7-1993,20-7-1993,16-8-1993 and 16-9-1993 in sum of Netherland Guilder for 2614, 2869. 50, 8481. 72 and 4809. 72 aggregating to NLG 42,775. The plaintiffs have claimed interest on the said amount from the date of each of the above referred invoices till the date of filing of this suit and also the various amounts of costs incurred by the plaintiffs as per details set suit in para 5 of the plaint. It emerges from the annexures to the plaint that the plaintiffs have a reasonable cause of action against the defendants for recovery of the amount of the suit claim It appears that the defendant No. 2 has virtually admitted its liability to pay the amount of suit claim during the course of correspondence annexed to the plaint. At this stage, the suit claim is not contested on merits as such.