M V Kenanga – a cargo vessel flying a Panama flag and anchored off Tuticorin harbour has been ordered to be kept under arrest by the Madras High Court, as a plaintiff Shivang Trading Company (India) Private Limited of Kutch in Gujarat alleged non-payment of dues to the tune of Rs. 9.82 lakh for supplies made to two other vessels of the company.
Justice R. Mahadevan in a recent order observed that the court was satisfied that a prima facie case had been made out by the plaintiff and said if the vessel was allowed to sail beyond the territorial waters of the country, the plaintiff would have little chance to recover the amount. “There shall be an order of arrest of the respondent vessel M V Kenanga pending further orders,” the judge said.
Despite repeated emails to agents and managers for the dues, no payment was made and hence the complaint. As the company owning the vessel did not have assets in India, the only way to recover the dues was to order for the arrest of M V Kenanga, one of the ships owned by the defendant.
For failing to pay dues