UMESH C.BANERJEE, BHASKAR BHATTACHARYA
State of Ukraine – Appellant
Versus
Elitarious Limited – Respondent
Bhattacharya, J.
This appeal is directed against orders dated September 4, 1997 and September 24, 1997 passed by a learned Single Judge of this Court in Admiralty Suit No. 9 of 1997 (Elitarious Limited v. The Owners and Parties interested in the vessel "M.V. Toyvo Antikaynen").
2. The facts giving rise to the instant appeal are as follows:-
a) The respondent carries on business inter alia as Ship Chandlers. As a part of its business the respondent also renders repairing and other essential services to the vessels berthed in the port of Calcutta.
b) On or about May 5, 1997 the vessel “M.V. Toyvo Antikaynen" (hereinafter referred to as "the suit vessel") arrived at the port of Calcutta and was berthed at 26, Kidderpore Dock. The suit vessel is registered at Odessa flying Ukrainean flag.
c) Between September 6, 1996 and September 23, 1996 the respondent supplied stores and provision to a vessel called M.V. Kapitan Kadetskiy (hereinafter referred to as Kapitan) which was then berthed in the port of Calcutta. The Kapitan was owned by one M/s. Black Sea Shipping Company Limited, Odessa which is also the owner of the suit vessel.
d) The respondent supplies stores and provisions to Kapit
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