Kerala High Court orders release of Russian flagship detained at Cochin Port by Kerala High Court on Wednesday. The Russian ship which was detained at Cochin Port the previous day was released following the settlement of disputes between the owners of the vessel and bunker suppliers on bunker fuel payments.
Justice Sathish Ninan had earlier directed the Deputy Conservator of the Port for the seizure and detention of the Russian flagged vessel MV MAIA-1, as the ship failed to make complete payments to the tune of $23,053.14 of the bunker fuel supplied to the vessel by Estonian bunker supplier at Fujairah anchorage.
V.J.Mathew, Senior Advocate, who appeared for the Estonian Bunker Supplier said the dispute has resulted in a maritime claim under section 4(1)(l) of the Admiralty (Jurisdiction and Settlement Of Maritime Claims) Act, 2017. Consequently, an Admiralty suit was filed before the High Court of Kerala seeking the arrest and detention of the Russian flag Vessel to enforce a maritime claim or in the alternative to provide security in the Court for Arbitration.
However, the High Court had not prevented the unloading of cargo from the vessel as it arrived with general cargo mainly arms and ammunition for the Indian Navy, though it was not declared on the Port’s website. In the meanwhile, the disputed amount was settled by the parties and on the basis of a withdrawal memo filed for Estonian Firm, the suit was dismissed as withdrawn on Wednesday, he said.
Meanwhile, the Russian Embassy in India has sought information regarding the arrest of the ship and requested comprehensive measures to ensure the safety, rights, and legitimate interests of the crew as well as the legal interests of the owners.
However, Mr.Mathew, senior counsel ruled out the reports sought by the Russian Embassy / Estonian government on the detention of the ship and said that it is a commercial dispute between two private parties as permitted under the UN Convention for the arrest of vessels/ships and Admiralty (Jurisdiction and Settlement Of Maritime Claims) Act, 2017 promulgated based on such UN convention and does not involve foreign governments or embassies.
According to him, the arrest of vessels both foreign and Indian for the satisfaction of commercial claim maritime claims is a regular affair in the High Courts of Coastal States in India and globally. The Admiralty (Jurisdiction And Settlement Of Maritime Claims) Act, 2017 and the United Nations Arrest Convention on which the Act is modeled permit the arrest of Foreign Vessels in India.
In fact, the only restriction is on the arrest of the warship, naval auxiliary, or other vessel owned or operated by the Central or a State Government used for any non-commercial purpose, and, on a foreign vessel that is used for any non-commercial purpose as notified by the Central Government, he said adding that the Russian flagged vessel MV MAIA – 1 does not come under above exemption provisions. Mr. Mathew appreciated the officers of MEA India, though the involvement of the Russian Embassy has come in many online medias creating confusion on the legal arrest, it is because our MEA is well aware of these Indian Maritime Laws, and didn’t get involved in the commercial dispute. The agents of the vessel applied for port clearance based on the high court release order and with port clearance vessel sailed out of cochin in the evening.
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