MV AMOY FORTUNE Vs. MV AMOY FORTUNE

JUDGEMENT

(1.) Plaintiff has approached this Court seeking a decree against defendant vessel as an unpaid supplier of bunkers to the defendant vessel. Pursuant to an order dated 16th March 2017, defendant vessel came to be arrested. Defendant furnished bail in the form of Bank Guarantee to secure plaintiff's claim in this suit.

(2.) Fortune Marine Lines Limited (applicant), as owners of defendant vessel has taken out the present notice of motion for vacating the order of arrest of defendant vessel and for return of security. It is the case of applicant that there is no privity of contract between plaintiff and applicant and no cause of action or liability in personam against applicant which is essential for maintaining an action in rem against defendant vessel.

(3.) Shri Pratap for applicant submitted as under :