JUDGMENT - G.H. GUTTAL, J.:---This notice of motion raises a question relating to the practice on the original side of this Court.

2. The ship M.V. 'RIVER OGBESE' was arrested pursuant to the warrant of arrest dated 27th May, 1989. The arrest was 'confirmed" by the order dated 30th June, 1989 made on the plaintiffs ' Notice of Motion No. 958 of 1989. This Notice of Motion by the defendant No. 3 is for an order of release of the ship.

3. The Bank of Maharashtra have instituted this suit for a decree compelling the defendants to deliver the consignment in accordance with the contract of carriage. The suit was instituted on 10th March, 1989. The plaintiffs filed application on 10th March, 1989, for arrest of the ship. It was accompanied by an affidavit in support of the order of arrest. The draft order or arrest was also placed in the proceedings. The plaintiffs did not press the application for arrest of the ship. On 10th March, 1989, an ad-interim order was passed in accordance with the minutes presented by the parties. No order of arrest was made. Nothing happened until 27th May, 1989, when the suit was brought before Kenia, J., by the Defendant No. 3 with a prayer that the Defendant

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