JUDGMENT - Mrs. Manohar Sujata, J.:—This is a Chamber Summons taken out by the plaintiff to the suit and defendant to the counter-claim for excluding from the suit the counter-claim filed by the defendants. The present suit has been filed by the plaintiff, a company incorporated in the Federal Republic of Germany and having its registered office at Hamburg to recover a sum of DM.45,365 which is equivalent to Rs. 2,99,409, together with interest thereon in respect of various spare parts supplied and repairs carried out to the 1st defendant vessel at Hamburg and elsewhere. The suit was filed under the Admiralty Jurisdiction of this Court when the 1st defendant vessel was in Bombay. The vessel arrived in Bombay on 12-11-1986. This suit was filed on 27-11-1986 and the 1st defendant vessel was arrested under an order of 28th November, 1986 of this Court. The defendants furnished a security in the form of Bank Guarantee in the sum of Rs. 4,50,000/- as per the order of arrest and secured the release of the vessel under instrument of release dated 24-12-1986 issued by the Admiralty Registrar of this Court. The vessel thereafter left the Port of Bombay.

2. The 1st defendant is the vessel wh

Click Here to Read the rest of this document