JUDGMENT :

K.R. SHRIRAM, J.

1. Since nobody was appearing for respondent, this Court appointed Mr. Prathamesh Kamat, Advocate, as Amicus Curiae. We must express our appreciation for the assistance rendered and endeavour put forth by Mr. Prathamesh Kamat, learned Amicus Curiae, for it has been of immense value in rendering the judgment.

2. This appeal impugns an order and judgment dated 8th November 2006 passed by the learned Single Judge decreeing the suit in terms of prayer clauses – (c) and (i). Prayer clauses – (c) and (i) read as under :

(c) For an order and decree in favour of the plaintiffs and against the defendants in the sum of US$ 100,798 as per the particulars of claim shown in Exhibit ‘A’ hereto with interest thereon at the rate of 30% p.a. from the date of institution of the suit till payment and/or realization.

(i) Costs of the suit may otherwise be provided for.

3. Plaintiff is a Turkish company carrying on business of supplying bunkers to various vessels. According to plaintiff, for the period between 9th October 2000 to 13th March 2001 plaintiff had supplied bunkers to defendant no.1 m.v. LIMA II on the basis of orders placed by defendant no.2, the owners of m.v. LIMA I