Padmesh Prabhune –
The Gujarat High Court has asked the Deenadayal (Kandla) Port office and Customs officials to “arrest” merchant vessel SW South Wind I which is lying at the port and within Indian territorial waters until further orders, posting the next hearing to October 21, of this month.
A single judge bench of Justice Nikhil S Kariel passed an oral order following a petition filed by MEIR Commodities of India.
The judge ordered the arrest of MV SW South Wind I along with its hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furniture, equipment and all appurtenances at the port, where it is lying. He further stated, in case of the vessel owners coming forward to pay $ 3,67, 503, the arrest order would not be executed.
MEIR Commodities of India had moved to court seeking damages as its consignment of 460 tonnes of potboiled rice was held up as the vessel, that was detained by officials of the Department of Revenue Intelligence (DRI) suspecting white rice being exported as organic rice.
MEIR said in the court that it had agreed to offer 450 tonnes of Indian Long Grain IR 64 Potboiled Rice to JKT Foods Europe at $ 604 a tonne and had enter into an agreement with OK International Logistics LCC to charter the cargo which was a small part of the entire cargo of 50,670 tonnes and it was among other consignments aboard the vessel which was detained by the DRI for ‘irregularities’ in the export of organic rice.
Citing the details of the loading MEIR mentioned that its cargo was duly compliant of export standard having the bills of lading dated August 08, 2024 the ship was to depart on August 09,2024 but did not, as it was detained then by DRI. Also, with the buyer then threatening to cancel the order with an email dtd. September 18, 2024 if the vessel did not sail in next 15 days.
Observing that the MEIR would bear huge financial loss for no fault of the company, the judge ordered to arrest the vessel.
Marex Media