JUDGMENT - S.S. NIJJAR, J.:---This Notice of Motion has been taken out by the defendants for dismissal of the suit and for directing the plaintiffs to pay to the defendants sum of U.S.$ 349,518,56 towards the defendants claim for wrongful arrest and detention of the first defendant vessel. Alternatively it is prayed that pending the hearing and final disposal of the suit, the plaintiffs be directed to furnish a Bank Guarantee of a Nationalised Bank in favour of the Prothonotary and Senior Master, High Court, Bombay, in the sum of the defendants claim of U.S.$ 349,518,56.

2. The defendants claim the dismissal of the suit on three grounds. These are:

(i) That the suit in rem is without jurisdiction and not maintainable against the defendant vessel;

(ii) That even on the plaintiff's reasonably best arguable case the suit as framed is not maintainable;

(iii) That the suit as framed and on the basis of which the Warrant of Arrest has been obtained is vitiated by material misrepresentation or by suppression of material facts.

In support of the first ground, it is submitted by Mr. Mukherjee, learned Counsel appearing on behalf of first defendant, that the present application proceeds as on a

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