These cases were heard by a Division Bench of this Court in detail. Both the learned Judges who heard the matter delivered separate judgments and in view of the difference of opinion expressed by the Bench, the matter is placed before me for opinion by the Chief Justice under section 23 of the Travancore-Cochin High Court Act read with section 9 of the Kerala High Court Act. Both the learned Judges in their separate judgments dismissed Writ petition No.10591 of 2002 in limine and O.P.No.19116 of 2002 without prejudice to the contentions of the petitioner and to seek relief before the appropriate court. I am not considering that part of the judgment. Therefore, what is left is only the writ Appeal No.2990 of 2002. Before stating the difference of opinion expressed by the two learned Judges, the facts of the case which are not in dispute are summarized in a nutshell.

2. Al Ahli Bank of Kuwait (KSC), petitioner in W.P.(C) No.27758 of 2002, is the appellant herein. It filed the writ petition invoking admirality jurisdiction of this Court under Merchant Shipping Act, 1958 and article 226 of the Constitution of India to quash the proceedings of the Judicial Magistrate of the f