JUDGMENT - 1. The Plaintiff Mrs. Sahida Ismail has filed this suit in this Court in its Admiralty and Vice-admiralty Jurisdiction. In this suit, the steamship Petko R. Salvejkov is made defendant No.1; the Indian Agents of the owners of the ship Messrs. J.M.Baxi Co. are made defendant No.2 and the consignees of the cargo in Colombo are made defendant No.3. Defendants Nos. 1 and 2 have taken out the present notice of motion for an order that the warrant for arrest issued by this Court on June 8, 1971 be superseded and set aside: that the guarantee executed by the second defendants in favour of the Admiralty Registrar on June 8, 1971 be cancelled and returned to the second defendants and that it may be held that this Court has no jurisdiction to entertain the suit in exercise of its admiralty and vice admiralty jurisdiction.

2. The facts on the basis of which the notice of motion is argued are not as all in controversy. On December 17, 1970 the plaintiff consigned a cargo of 569 Metric Tonnes of Big Onions to the third Defendants and the said cargo was shipped on Board per, Defendant No.1 ship from Bombay, Defendant No.2 issued a bill of lading for the cargo on defendant No.1 ship.

Click Here to Read the rest of this document