( 1 ) LEAVE granted.

( 2 ) THIS appeal by special leave arises from the order Dated 13/10/1995, passed by the Division Bench of the Bombay High Court in Appeal No. 727 of 1995 in Notice of Motion in Admiralty Suit No. 46 of 1995. By the impugned order, the Division Bench modified the order of the learned single Judge and directed release of commercial ship M/s. M. V. Kapita Kud. The facts not in dispute are that on 21/07/1995 at around 6. 00 a. m. the International Cable which extends on sea-route from Singapore to France having branches at Bombay, experienced a break and the fault was got identified by the appellant-plaintiff at a distance of about 18. 3 Kms. from its office at Prabhadevi in Greater Bombay whereat its cable station is situated. According to the appellant, due to break of the cable, overseas telecommunication was disrupted. They requisitioned the services of Coast Guard authorities to identify whether any ship had anchored in the vicinity of the break-point. The appellant in that behalf wrote a letter to the Coast Guard authorities on 21/07/1995 itself and requested "to survey the area and identify if any several has anchored there". The co-ordinates of the break p