JUDGMENT :

Bhargav D. Karia, J.

Heard learned advocate Mr. Prathmesh N. Kamat with learned advocate Ms. Paurmai B. Sheth for the plaintiff, learned advocate Mr. S.P. Majmudar and learned advocate Mr. Zarir Bharucha for the defendant No. 1.

1. This matter was argued for sometime yesterday, however, learned advocate Mr. Majmudar submitted that the owners of the defendant vessel have filed Caveat in the Registry and therefore, the matter is kept today.

2. Today, learned advocate Mr. Zarir Bharucha appearing on behalf of learned advocate Mr. Majmudar submitted that the Caveator is not ready and willing to comply with Rules 29 and 32 of the Bombay High Court Original Side Rules and Forms which are applicable to the admiralty jurisdiction of this Court. In that view of the matter, the Caveator is not permitted to take part in this proceeding.

3. By this Suit, the plaintiff-Navigation Key Inc. has prayed as under:

"a) That this Hon'ble Court be pleased to order and decree against the Defendant vessel to pay to the Plaintiff a principal sum of USD 342,000 towards losses suffered by the Plaintiff on account of breach of the Charterparty by Owners Agreement, together with interest being an amount