IST PETITIONER Vs. 1ST RESPONDANT

JUDGEMENT

(1.) APPLICATION No.4337 of 2010 has been filed by the plaintiff to order interim arrest of the respondent vessel MV Dhuvaafaru Galaxy (Ex: MV Hikaadhoo carrier), a ship registered in Maldives together with engines, tackles, cranes, derricks, machinery and the paraphernalia and other articles on board the said vessel presently lying in the Indian waters at the Port of Kannur (Kerala), Azhikkal anchorage, Silk Yard, or wherever found within the territorial waters of India, pending disposal of the above suit.

(2.) APPLICATION No.4810 of 2010 has been filed by the impleaded second defendant to revoke the order of arrest of the vessel MV Dhuvaafaru Galaxy dated 11.08.2010 in APPLICATION No.4337 of 2010 in C.S.No.708 of 2010.

(3.) THE plaint averments are as follows: THE plaintiff is an Import and Export Company and they are also engaged in the business of Clearing and Forwarding Agency which includes supply of various necessaries to Vessel in Dock. THE defendant in the course of business would lie anchored in the Indian Ports at various places at various points of time, particularly in Chennai and Tuticorin Ports. When the ship is so anchored, the plaintiff would supply various necessaries to the defendant at the request of the Master of the Vessel. THE plaintiff would raise invoices and as such, maintaining a Running Account with the defendant.