2001 PLP 1115 (YLR)

Admiralty Jurisdiction of the High Courts Ordinance (XLII of 1980)

Ss.3(2)(1) & 4

Action in rem against the vessel

Suit for recovery of money in respect of necessities supplied to the ship

Plaintiff had supplied three bunkers of marine fuel to the ship docked at the outer anchorage in the Harbour

Action in rem had been claimed against the said ship-- Validity

Ship was ordered to be arrested by service upon the master of the ship through the bailiff of the Court

Bailiff had reported that name of the ship had been changed recently

Effect

Ship even if was sold or its name was changed, any dues payable by the vessel or by the owners of the said vessel, the ship would be liable to be arrested

Notice was ordered to be issued to the Dock Master, Marine Security Agencies and to all concerned Authorities to see that vessel could not leave the territorial limits of Pakistan

Vessel could be released upon furnishing a Bank guarantee or tangible security for payment of dues. Saeeduddin Nasir for Plaintiff. It is inter alia stated that the plaintiff supplied three bunkers of marine fuel to m.v. MOA in Karteminde, Denmark, to m.v. Rio G. in Durban, South Africa and m.v. Monte in Durban. South Africa valuing a total of the U.S. $ 187,069.12. It is stated that the defendants Nos. 2 and 3 are the owners or the Charters of the three vessels and, one of the said vessels namely, m.v., REO G, is in Pakistan docked at the outer anchorage in the Karachi Harbour. Action in rem is claimed against the said vessel m.v. REO 6. on the basis of the other vessels belonging to defendants Nos.2 and

3. Mr. Saeeduddin Nasir refers to section 4 of the Admiralty Jurisdiction of the High Courts Ordinance, 1980 claiming, that under subsection (4) thereof such an action in rem can be taken. The claim is made in respect of necessities supplied to the ship under section 3(2)(L). In the circumstances, it is ordered that the ship be arrested by service upon the master of the ship through the bailiff of this Court. It is reported by the bailiff that the name m.v. REO G. has been changed to' PRIME-I. It is contended that the same has been recently changed after the suit was tiled. The law is absolutely clear that, a ship even it is sold or name changed any dues payable by the vessel or by the owners of the said vessel the ship is liable to be arrested. The arrest order, therefore, shall be on the said vesset whether be named as m.v. REO G. or' m.v. PRIME-I. Notice to issue to the Dock Master, Marine Security Agencies I and to all concerned authorities so that the vessel may not leave the territorial limits of Pakistan. In the event the said vessel chooses or attempts to leave the territorial limits of Pakistan, the plaintiff may contact the Marine Security Force who shall arrest the vessel within the waters of Pakistan. The vessel shall, however, be released upon its furnishing a Bank guarantee or tangible security of the value of. US $ 187,069.12 without any further orders. C.M.A. No.635/2001 stands disposed of. H.B.T./G-56/K Order accordingly.