M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned order passed by the learned Commercial Division Judge, High Court, dated 03.05.2018, passed in Civil Application (OJ) No.1/2018 in Admiralty Suit No.12/2018, by which the learned Judge has allowed the said application and has rejected the Plaint under order VII Rule 11(d) of the Code of Civil Procedure, 1908 ("the CPC" for short), the original plaintiff has preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under:

2.1 That the appellant original plaintiff (hereinafter referred to as "the original plaintiff") had instituted Admiralty Suit No.12/2018 before this Court for the following reliefs:

"a. That this Hon'ble Court be pleased to pass an order and decree in favour of the Plaintiff and against the Defendant Vessel MV DENALI (IMP No:9438016) (ex-name MV Marie Paule) and/or her master and/or her owners and/or managers and/or operators and/or all persons interested in her in the sum of principal amount of USD 975, 600 and annual interest of 5% from due date of each Invoice till filing of the present Plaint being USD 326, 965 from due date of invoice till date and USD 20, 000 for cost of litigation in India aggregating UDS 1, 322, 565 with further interest at the rate of 5% per year from date of suit till its realization as per particulars of claim;

b. that the Defendant vessel MV DENALI (IMO No.:9438016) (ex-name MV Marie Paule) together with her hull, engines, gears, tackles, bunkers machinery, apparel, plant, furniture, fixtures, appurtenances and paraphernalia, plant and machinery at present lying at Navlakhi Port, or wherever she is within the territorial waters of India be arrested by a Warrant of Arrest of this Hon'ble Court and the same be condemned in respect of the Claim herein and be ordered to be sold along with her hull, engines, gears, tackles, bunkers machinery, apparel, plant, furniture, fixtures, appurtenances and paraphernalia and the net sale proceeds thereof be ordered to be applied to the satisfaction of the Plaintiff's claim herein and the cost of this Suit;

c. That pending the hearing and final disposal of the Suit, this Hon'ble Court be pleased to order and direct the arrest of the Defendant Vessel MV DENALI (IMO No: 9438016) (ex-name MV MariePaule) along with her hull, engines, gears, tackles, bunkers machinery, apparel, plant, furniture, fixtures, appurtenances and paraphernalia, Plant and Machinery at present lying at the Port of Navlakhi or wherever she is within the territorial waters of India until the satisfaction of the Plaintiff's claim as per Particulars of and also be committed for sale and the same be sold under the Orders and directions of this Hon'ble Court and the sale proceeds thereof be utilized in satisfaction of the Plaintiff's claim herein."

Sr. No.	Particulars	Amount (In USD)
1	Principal Amount due as per the invoice	975600
2	Interest	326965
3	Legal Costs	20000
	Total Amount Receivable	1322565
United States Dollars One Million Three Hundred Twenty-Two Thousand Five Hundred Sixty Five only.
ADD: 5% interest per annum on principal claim of USD 975, 600 from the date of the present suit till its payment and/or realization.

        2.3 That by an ex-parte order dated 06.04.2018, the learned Single Judge passed an order of arrest of the defendant-Vessel. Having served with the order of arrest, the defendant appeared and submitted an application and requested to reject the Plaint, as provided under Order VII Rule 11 (a) (d) of the CPC.

2.4 It was submitted on behalf of the defendant that even as averred in the Plaint and even according to the plaintiff, the Bunkers were supplied by the plaintiff as per the contract on or around 18.01.2012 and that on 29.02.2012, the erstwhile owner of the Vessel acknowledged