CUTTACK: The Orissa High Court on Friday, ordered the arrest of a foreign vessel MV The Patron (IMO 9481439), presently lying near Paradip Port, in an admiralty suit filed by JALDHI Overseas Pte Ltd, seeking recovery of $202,000 (approximately `1.81 crore).
The matter was taken up urgently by a vacation bench after the plaintiff’s counsel mentioned apprehensions that the vessel might leave Indian waters shortly. By way of special notice, Justice MS Raman took up hearing at 4.45 pm on the day.
JALDHI Overseas Pte Ltd initiated admiralty proceedings under Section 5 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, alleging breach of charter party terms by the vessel owners. The plaintiff contended that it had chartered MV The Patron for transportation of 75,000 metric tonnes of rock phosphate from Jordan to Paradip. However, due to engine failure in August 2025, the vessel allegedly suffered a drastic reduction in speed, resulting in a prolonged delay of nearly four months in discharge of cargo.
According to the plaintiff, despite repairs, the vessel continued to sail at sub-optimal speed, leading to disputes over revised hire rates, bunker calculations, and off-hire claims. To ensure discharge of cargo, the plaintiff claimed it was compelled to pay $1,82,000 under protest.
Recording these submissions, the vacation court observed, “Perusal of the papers enclosed to the plaint reveals that the Vessel - MV THE PATRON (IMO 9481439) is at a distance of 5.95 nautical miles off Paradip. The charter party required the vessel to maintain a speed of 12.5 knots in ballast and 12 knots when laden, but the actual speed dropped to 7.98 knots, causing significant delay.”
The court found that the voyage from Khorfakkan to Paradip took approximately 21.58 days instead of the contractual 8.58 days, thereby prima facie violating agreed speed obligations. Holding that the plaintiff had a “genuine grievance,” Justice Raman assumed jurisdiction under Sections 1(2), 3, and 4(1)(h) of the Admiralty Act.
Emphasising urgency, the court held, “Unless an order of arrest of defendant vessel is passed, the cause of action shall stand frustrated.” Consequently, the vessel was ordered to be arrested at Paradip Port, while clarifying that pendency of the suit would not bar unloading of cargo. The matter has been listed for further hearing in the week commencing January 5, 2026.