1. Notice of Motion No. 2853 of 2010 is taken out on behalf of Defendant No. 2 and Notice of Motion No. 3649 of 2010 is taken out on behalf of Defendant No. 3. Both the parties have taken out their respective Notices of Motion as parties to whom prejudice was caused by the ex-parte order dated 12th January, 2010 obtained by the Plaintiff for arrest of Defendant No. 1 viz. 13,000/- MT of rice on board m.v. Amitees, when she was at Kandla.

2. I have already held by a judgment pronounced on 20-02-2014 that the two notices of motion do not fall under the expression 'Suit' occurring in sub-section 1 of Section 22 of Sick Industrial Companies Act, 1985 (SICA).

3. To decide on the merits of the two notices of motion some facts have to be recalled. On 12th January, 2010, the Plaintiff Gauri Gaekwad filed the above Admiralty Suit No. 19 of 2010 against the Defendant No. 1 and also against the 2nd Defendant. On the same date, based on the averments made by the Plaintiff in the plaint, the Plaintiff obtained from this Court an order of arrest against Defendant No. 1. Consequently the cargo on board m.v. Amitees, i.e., Defendant No. 1, was arrested by the Sheriff of Mumbai. At the time