SUNIL B. NAIK Vs. GEOWAVE COMMANDER

JUDGEMENT

(1.) THIS appeal challenges the order of the learned Single Judge dated 17 April 2013 vacating the arrest of the vessel Geowave Commander (GC), by following his decision dated 17 April 2013 in the matter of Yusuf Abdul Gani v. Geowave Commander in Notice of Motion No.613 of 2013 in Admiralty Suit (L) No.319 of 2013. Being aggrieved by the Order dated 17 April 2013 in Admiralty Suit(L) No. 230 of 2013 Yusuf Abdul Gani (supra) has preferred an appeal to this Court being Appeal (L) No.208/2013. We have today by our order dismissed the appeal being Appeal No.208 of 2013 filed by Yusuf Abdul Gani.

(2.) HOWEVER the grievance of the appellant is that facts of this case are materially different on two counts from the facts existing in the case of Yusuf Abdul Gani(supra) in Admiralty suit (L) No.230 of 2013 and therefore, the learned Single Judge ought to have independently dealt with the two issues which are as under:

(3.) WE heard this appeal as well as the appeal (L) No. 208 of 2013 filed by Yusuf Abdul Gani together and find that the submissions made by the parties are identical save and except the two distinctions being made in this case by Mr. A.M. Vernekar Counsel for the appellant.