( 1 ) PROCEEDINGS on hand call upon me to answer two Questions. They are :- (1) Whether the High Court of Gujarat, in exercise of its Admiralty Jurisdiction, has the POWER and/or JURISDICTION to order the arrest of a Sister Ship ? (2) Whether M. V. Giurgeni a Foreign Flag Vessel presently in the Port and harbour of Kandla (Gujarat) can be said to be the Sister Ship of M. V. Kalo, which admittedly is not in Coastal Waters of the State of Gujarat or the Territorial Waters of India ?

( 2 ) THESE Questions arise because of the filing of the Admiralty Suit, by the plaintiffs. The Shipping Corporation of India Limited, valued at Rs. 2,32,75,640- 00 and the presentation of a Civil Application for the arrest of M. V. Giurgeni, the orders of Arrest duly executed and the Notice of Motion taken out by the other side praying for the vacation of the said Orders for Want of Jurisdiction.

( 3 ) THE suit by the plaintiffs is an action in Rem for, or a suit in Damages. The damages are being claimed on the basis of a tort committed on the high seas. The case of the Plaintiffs-Corporation is that, their Vessel M. V. "vishva Yash" sailed from Mandvi on 2nd February 1997 at about 0330 hrs. , laden with cargo for her destination, Port of Mangalore. A Vessel named M. V. "kalo" owned by 2nd defendant C. N. M. Navrom S. A. , as Company duly incorporated under the laws of romania, having their Registered office within Romania, sailed from the Port of marmagoa on 1st February 1997 at about 1535 hrs. , reportedly bound for the Port of bedi. During the passage in the Arabian Sea on 2nd February 1997 at about 2037 hrs. , the Vessel of the plaintiffs and Vessel M. V. "kalo" collided and as a result of such a collision considerable damage was caused to the plaintiffs Vessel, with an immediate consequence of a fire which could, eventually be brought under control on 3rd February at about 1445 hrs. According to the plaintiffs this happened inter alia because M. V. "kalo" was unseaworthy, was manned by persons who were reckless and negligent, failed to maintain a proper watch and look out, negligently disregarded the applicable Collision Regulations and the basic principles of navigation, failed to give way to the plaintiffs Vessel and ultimately recklessly and negligently steered in her way, while she was maintaining course. The plaintiffs, therefore, have said they are entitled to a maritime lien against M. V. "kalo" and or a right in rem against the 1st defendant M. V. "giurgeni" as the sister ship of M. V. "kalo" for damages and loss suffered amounting to Rs. 2,32,75,640-00, and are entitled to enforce the said maritime lien/right in rem by way of an Admiralty action in rem in this High Court in its Admiralty Jurisdiction against the 1st defendant Vessel. The plaintiffs have also said in the pleadings that the 1st defendant Vessel is in territorial waters of India and coastal territorial waters of the State of Gujarat. The plaintiffs have, therefore, prayed that the 1st Defendant Vessel be condemned in the sum of Rs. 2,32,75,640-00, along with the interest at the rate of 21% per annum. Pending the hearing and final disposal of the Suit as per the plaintiffs prayer, the 1st Defendant Vessel in its whole be arrested. The 1st defendant Vessel has been arrested and presently is under arrest lying in the Port and Harbour of Kandla within the State of Gujarat. The concept of Sister Ship is based upon the say that M. V. Giurgeni and M. V. Kalo are the Vessels of the fleet belonging to and owned by the 2nd defendant Navrom.

( 4 ) THE 1st defendant have taken out a Notice of Motion and under the captioned civil Application, as prayer (b) have prayed for an order vacating the orders of arrest dated 25th February 1997 for Want of Jurisdiction. Prayer (a) is for the necessary orders permitting the release of the 1st defendant Vessel upon furnishing the security equivalent to the claim made in the suit without prejudice to their rights and contentions. I sh