JUDGMENT :

S.C. Dharmadhikari, J.

This Appeal [Appeal (L) No. 465 of 2018] challenges the judgment and order of a learned single Judge (K.R. Shriram, J.) delivered in a Notice of Motion being Commercial Notice of Motion (L) No. 1392 of 2018 in Commercial Admiralty Suit (L) No. 20 of 2018.

2. By the order under challenge, pronounced on 25th September, 2018, the learned single Judge has proceeded to dismiss the Notice of Motion with costs quantified at rupees five lakhs. The appellant before us is the original defendant in the Suit whereas the respondent is the original plaintiff. They shall be referred to hereafter as plaintiff and defendant.

3. The plaintiff instituted the Suit in the Admiralty and Vice Admiralty Jurisdiction of this Court. Now, this Suit is numbered as Commercial Admiralty Suit No. 62 of 2018.

4. At the outset, and before we proceed to refer to the allegations in the Plaint, we at once clarify that this Appeal is under section 14 of The Admiralty (Jurisdiction & Settlement of Maritime Claims) Act, 2017 [for short "The Admiralty Act"]. The parties before us have pro