JUDGMENT - SHAH A.P., J.:---This is an appeal by the plaintiffs from an order of Deshmukh, J., by which he dismissed the Notice of Motion moved by the plaintiffs for arrest of the ship m.v. MEHRAB to provide security for payment of an Award which they may obtain in arbitration proceedings instituted in London. The learned Judge was of the opinion that a suit of this nature to arrest a ship in order to force security for a future arbitration Award is not maintainable in view of the decision of the Supreme Court in (m.v. Elizabeth v. Harwan Investment and Trading Pvt. Ltd.)1, A.I.R. 1993 S.C. 1014.

2. The matter arises as follows. The plaintiffs were the owners of cargo shipped on the second defendant's vessel m.v. BRAVO under charter party dated 19th June, 2000. The vessel m.v. BRAVO loaded cargo at the nominated load port. The second defendant and the said vessel m.v. BRAVO were unable to fulfil the voyage as a result of which the plaintiffs had to discharge the cargo and have it transhipped on another vessel called VAHDAT thereby incurring heavy loss and damage. The charter party contains an arbitration clause. The plaintiffs invoked the arbitration clause on 1st March, 2001 and t

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