The difficulties for MV SW South Wind I (IMO 9478626) started when the
Customs department withheld the vessel due to misdeclaration of cargo
onboarded. The cargo consisted of
various consignments of rice, including rice that was declared ‘organic rice’.
After loading, the Customs department sought reexamination of the ‘organic’
rice consignments as it was believed that such consignments were, in fact,
‘non-organic’.
While the Customs examination was ongoing, the Gujarat High Court
arrested the vessel on the claims of various shippers who had to suffer due to
the vessel’s inability to sail. Subsequently,
after the restrictions on the export of non-organic rice were lifted, the
Customs issues resolved themselves. However, the vessel continued to be under
arrest for the shippers’ claims.
Finally, a settlement was reached between the shippers and the vessel’s
sub-charterer, OK International, regarding the shippers’ claims. Following this settlement, the Gujarat
High Court vacated the vessel’s arrest.
Advocate Manav Mehta represented the shippers/plaintiffs in all suits,
and Advocate Sukumar Mahesh Tirthani represented the charterers, OK
International.