ZATRIX LIMITED Vs. MV NIKIFOROS

JUDGEMENT

(1.) By way of present Appeal, the appellant Zatrix Ltd. (original plaintiff) has assailed the order dated 09.04.2018 passed by the single bench in Civil Application (O.J.) No. 1 of 2017 in R/Admirality Suit No. 37 of 2017, whereby the Single Bench has allowed the said Civil Application preferred by the respondent (original defendant) and directed the Registry of the Court to return the amount of Rs. 3,41,44,852/- deposited by the respondent- defendant pursuant to the order of arrest dated 04.12.2017 read with further order dated 15.12.2017 passed by the Single Bench, and has further set aside the order of arrest dated 04.12.2017.

(2.) It appears that on 04.12.2017, at the request made by the learned Advocate for the appellant- plaintiff, the Admirality Suit was permitted to be circulated urgently on the same day. The suit was filed by the appellant-plaintiff seeking following reliefs:

(3.) The Single Bench after hearing the learned Advocate appearing for the appellant-plaintiff and taking into consideration the undertaking in writing given by the plaintiff to the Registrar of the Court, inter alia ordered that the Registrar of the Court shall issue a warrant for the arrest of the defendant vessel, MV NIKIFOROS (IMO 9108116) along with her hull, engines, etc., and all appurtenances, at present lying at Dahej Port within the Indian territorial waters. It was further ordered that in the event of the defendant and/ or those interested in her, depositing in the Court the principal amount of USD 477,000 along with interest as directed in the order, the said Warrant of Arrest shall not be executed. The said order of arrest was modified by the Single Bench vide the order dated 15.12.2017, whereby the defendant was directed to deposit an amount of Rs. 3,41,44,852/-, for the release of the defendant vessel.