Judge Brian Cogan
Aavanti Shipping and Chartering Ltd. is registered in Hong Kong. Indian firms Anik Industries Ltd. and Ruchi Soya Industries Ltd. are allegedly part of a larger Indian conglomerate. In Aavanti’s alleged breach of a 2009 contract of affreightment (COA)—under which Ruchi and Anik were allegedly liable as guarantors or as Aavanti’s alter egos—ship owner British Marine PLC (BM) obtained an attachment order listing Wego Chemical & Mineral Corp. as a garnishee. The court required Wego to pay $146,087 into its registry, the amount paid Ruchi for two orders of hydroxyl stearic acid. In addition to denying the attachment order’s vacatur, the court denied dismissal of BM’s complaint finding that, pursuant to Blue Whale v. Grand China Shipping Dev., BM provided detailed factual allegations suggesting that Aavanti, Anik and Ruchi were treated as one entity. Aavanti was undercapitalized and allegedly shared an address in Singapore with Aavanti Industries Pte Ltd. and Ruchi Food Solutions Singapore. Moreover, no individuals independently associated with Aavanti were involved in negotiations leading to the 2009 COA. Together, BM’s allegations alleged a prima facie alter ego claim with sufficient particularity.
