AKASH DREDGING & MARINE SERVICES (P) LTD. Vs. OWNERS AND PARTIES INTERESTED IN THE DREDGER CSD MARG CAUVERY

JUDGEMENT

(1.) The present Application has been filed by the Applicant/Plaintiff to grant an Order of Arrest of the Defendant-Dredger CSD MARG CAUVERY, lying at the Karaikal Port, India or wherever available together with her engines, gears, tackles, apparel, plant, machinery, furniture and fittings and paraphernalia pending disposal of the Suit. The Suit has been filed by the Plaintiff for the following reliefs:

(2.) The averments made in the Plaint, in brief, are as follows:

(3.) Pending Suit, the Plaintiff has filed the present Application in A. No. 7903 of 2014 seeking arrest of the Defendant-Dredger Vessel. When the said Application came up for hearing on 5.12.2014, this Court has passed an Interim Order for arrest of the Defendant-Dredging Vessel CSD MARG CAUVERY. On appearance, the Owners of the Dredger viz., M/s. Marg International Dredging Pte. Ltd., has filed a Counter. The sum and substance of the averments made in the Counter filed by M/s. Marg International Dredging Pte. Ltd., is as follows: