JUDGMENT

R.F. Nariman, J.

1. The present appeal raises several interesting questions which arise in admiralty law. The vessel, M.V. Nikolaos-S, was owned by one Third Element Enterprises, a Cyprus company, and was flying the flag of the Republic of Cyprus. The plaintiff in the admiralty suit, who is the appellant before us, supplied bunkers and other necessaries to the said vessel at the port of Durban on terms and conditions agreed between the parties in November, 1999. According to the plaintiff, the bunkers were received by the master of the vessel and services were rendered to the vessel as acknowledged by the master. The plaintiff raised invoices on 26.11.1999 for US$ 94,611.25 which have not yet been paid.

2. When the vessel docked in the port of Haldia, the plaintiff filed admiralty suit No.1 of 2000 in the Calcutta High Court praying for an arrest of the vessel because, according to the plaintiff, the necessaries supplied to the vessel would not only amount to a maritime claim but would also be a maritime lien on the vessel. By an order dated 6.1.2000, the vessel was so arrested but nobody came forward for release of the vessel at that point of time. It is only on 25.1.2000