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1995 Supreme(Bom) 79

D.R.DHANUKA
SIGMA COATINGS BV – Appellant
Versus
M. V. AGIOS NIKOLAOS – Respondent


Advocates:
S. Venkateshwaran i/by V.K. Rambhadran, for Plaintiff; S.K. Mukherjee i/b. Ms. F.S. Krishnan, for Defendant.

JUDGMENT:- SIGMA COATINGS BV., a company incorporated under the laws of Netherlands has filed this action in rem on the admiralty side of this Court against a foreign flat vessel known as m.v. "AGIOS NIKOLAOS" at present lying in the part and harbor of Bombay and Cristeta Shipping Ltd., for recovery of sum Guilders (NLG) 58,745.10 and Rs. 3,88,762.03 together with interest at the rate of 24% per annum from the date of the suit till payment. The plaintiffs have also sought an order from this Court to the effect that the 1st defendant vessel along with her engines, gears, tackles, bunkers, machinery, apparel, plant, furniture, appurtenances and paraphernalia be arrested under a warrant of arrest of this Hon'ble Court.

2. The plaintiffs have made an application for interim relief seeking arrest of the 1st defendant vessel or in alternative for an appropriate order of injunction in aid of their assertion to the effect that the plaintiffs have maritime lien over the 1st defendant vessel in respect of the suit claim.

3. It is the plaintiffs case that during the month of July 1993, August, 1993 and Sept. 1993 the plaintiffs had supplied paints (i.e. maritime necessaries) to the 1st defendan































































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