1. This is an application taken out by defendant no. 3 who is the owner of the first defendant vessel-m.v. Flag Mersinidi (the said vessel) to set aside/vacate the order of arrest of the said vessel which was passed on 18.09.2012 and consequently for return of the bank guarantee furnished as security towards the plaintiff's claim.

2. The plaintiff's claim is for money due under a contract for the supply of bunkers to the said vessel at Tianjin, China. It is the case of the plaintiff that they had supplied a quantity of 448.800 mt of marine fuel-(MF)-380 to the said vessel. The plaintiff's claim is for US$ 3,08,774/- being the costs of the bunker supplied plus US$ 20,000/-being costs towards present proceeding in India. The plaintiff obtained the order of arrest relying upon Article 3 of the International Convention on Arrest of Ships, 1999 (1999 Convention) which provides as under:-

Article 3 : Exercise of right of arrest:

(1) “Arrest is permissible of any ship in respect of which a maritime claim is asserted if:

...(emphasis supplied)

3. The admitted position as averred in the plaint is that one J.H.Shipping Company Ltd., i.e., defendant no.2, who was the time charterer