IN RE: M.T. HARTATI Vs. STATE

JUDGEMENT

(1.) THE Plaintiffs had sought and obtained on 09 -08 -2012 an ex -parte order of arrest of the 1st Defendant -Vessel M.T. Hartati in respect of their alleged claim as set out in the particulars of claim at "Ex. E" in the plaint. The claim was in sum of Rs. 24,75,000/ - which the owners of the 1st Defendant -Vessel furnished as security without prejudice to their rights and defences. Accordingly, the Order of arrest of the 1st Defendant -Vessel was vacated by an order passed on 16 -08 -2012 and the vessel was directed to be released upon the owner of the 1st Defendant depositing the amount of Rs. 24,75,000/ - as security with the Prothonotary and Senior Master. While obtaining the Order of arrest, the Plaintiffs had in para 2 averred as under: -

(2.) THIS para 2 was amended pursuant to leave granted by an order dated 28 -06 -2013.

(3.) THE para 4 of the Plaint reads as under: -