JUDGMENT:

The present appeal, preferred under Section 13 of the Commercial Courts Act, 2015 read with Section 14 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (for short, the Act, 2017’), calls in question the order dated 16.04.2021 in Com.S. No.2 of 2019 passed by a learned single Judge of this Court.

2. Respondent No.1 herein instituted the said COM.S.No.2 of 2019, under Section 4 (1) (c) of the Act, 2017, laying a claim for a sum of Rs.19,72,06,028/-together with interest, against respondent No.2 herein. The said suit came to be instituted on the basis of a loan agreement date 24.10.2016, supply agreement dated 24.10.2016, deed of mortgage dated 15.11.2016 and deed of hypothecation dated 15.11.2016, whereunder 1st respondent herein advanced loan to 2nd respondent. Initially, by way of an order dated 28.03.2019 in I.A.No.3 of 2019, learned single Judge directed respondent No.3 herein-Port, to detain 2nd respondent’s ship which is berthed at Kakinada port. Subsequently, 1st respondent herein filed I.A.No.8 of 2019, wherein learned single Judge passed an order dated 22.10.2019, fixing the time schedule for the purpose of sale of the subject vessel by way