JUDGMENT- D.G. DESHPANDE, J.:---This notice of motion is taken out by defendant No. 1 and 4 for vacating the order of arrest dated 28-11-1998 and for permission to the defendant No. 1 to demolish the vessel m.v. "Irene P" and further directing the plaintiffs to furnish bank guarantee by way of compensation to defendant Nos. 1 and 4.

2.I heard Mr. Pratap for the defendant Nos. 1 and 4 and Ms. F. Sethna for the plaintiffs at length in support of the notice of motion and in opposition thereto respectively.

3.It was contended by Mr. Pratap that the notice of motion was liable to be allowed and the order of arrest of ship was liable to be vacated for the following reasons:

For suppression of material facts by the plaintiffs, for seeking Judge's order without incorporating therein the condition regarding giving of undertaking to give security as is required by Rule 941 of the Original Side Rules of the High Court, for not filing affidavit in support of the Judge's order, for filing a fresh suit in this Court i.e. the present suit, even though Bhavnagar Court had returned the plaint of the plaintiffs for presentation to proper Court and not presenting the same plaint before this Court, for

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