JUDGMENT - Dr. CHANDRACHUD D.Y., J.:---The plaintiff sues for the recovery of an amount of US$ 45,229/- on a claim for the supply of necessaries to the defendant vessel, M.V. Sagar Shakti previously known as Al-Karim. The claim in the suit comprises of a principal sum of US$ 40,426.30 and interest of $4802.72. The supplies are alleged to have been effected on 2nd March, 1997. The erstwhile owner of the vessel was a company known by the name of Al-Karim Shipping Company Ltd. On 9th April, 1997, the ownership of the vessel was stated to be transferred to the present owners, Rank Resources Ltd.

2. The vessel was arrested by an order dated 30th September, 1997 passed by this Court. On 3rd October, 1997, an order for the release of the vessel was passed subject to the condition that a Bank Guarantee be furnished in the amount of US$ 45,229.02 and to cover, in addition, the claim for interest at the rate of 18% p.a. from the date of the institution of the suit, the Sheriff's poundage and an amount of Rs. 25,000/- towards costs. The ship has since been released from arrest upon the bank guarantee being furnished.

3. From the averments in the plaint, the case of the plaintiff is that a suppl

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