B. Kemal Pasha, J.

I.A. No. 908 of 2014 is an application filed under S. 151 of the Code of Civil Procedure, 1908 by the plaintiff as petitioner, seeking an order of arrest of the first respondent/defendant vessel along with her hull, tackle, engine, machinery, spares, gear, apparel, paraphernalia, furniture, etc., presently within the territorial waters of India/Cochin port waters and within the jurisdiction of this Court and to direct the 3rd respondent Deputy Conservator, Cochin Port Trust to keep the vessel under safe arrest until further orders of this Court. The petitioner/plaintiff is a partnership firm engaged in the field of ship repairs and connected engineering works etc. The petitioner is represented by its Managing Partner. The first respondent are owners and parties interested in the vessel 'M.V. KAVARATHI', which is the Indian vessel represented by her Master. The 2nd respondent is the owner/Manager of the first respondent vessel. The 3rd respondent is the officer of the Cochin Port Trust, who is made party to the I.A. for a proper execution of the orders of this Court.

2. The 2nd respondent had appointed the plaintiff as one of their registered workshops for carrying out repair/engineering works of their vessels/ships at the Port of Cochin, Beypore and Mangalore for a period of two years (2007-09) vide letter dated 5.11.2007. Subsequently, a contract containing Tariff, Terms and Conditions with effect from 1.10.2007 was also entered into between the plaintiff and the 2nd respondent. The plaintiff had carried out repairs/engineering works of the first respondent vessel at the Ports of Cochin and Beypore from 5.11.2007 to 24.10.2011 as per the instructions of the ship's officers. The plaintiff had obtained the work done certificate certified by the vessel's officers for all the works done. The plaintiff had raised bills and submitted the same to the 2nd respondent for payment along with the work done certificate etc. No protest or objection has been raised as regards the bills till now. The plaintiff had carried out works to the tune of Rs. 82,87,508.45.

3. Instead of making the full payment, the 2nd respondent had made only part payment of Rs. 26,55,615/- as on 8.5.2012. Even after repeated requests, the 2nd respondent has been avoiding the payments. As on 31.3.2014, a total amount of Rs. 82,87,508.45 is due to the plaintiff from the defendant. Even after repeated demands through notices, the 2nd respondent has not cared to settle the liability.

4. The first respondent vessel itself is liable to make payment to the plaintiff in respect of the liability created by her and her sister vessels and her owners, as the first respondent vessel has a distinct corporeal personality and can itself be liable to be sued and proceeded against for the same. The first respondent vessel is presently within the Cochin port waters/Lakshadweep waters/territorial waters of India and within the admiralty jurisdiction of this Court. The claim of the plaintiff is a maritime claim and, therefore, the plaintiff is entitled to recover the same from the first respondent vessel by invoking the admiralty jurisdiction of this Court.

5. It would be just and necessary that the first respondent vessel is arrested and detained till sufficient security is obtained for the plaint claim, as otherwise, the decree eventually obtained will only be a paper decree and will become fruitless and hence, the I.A.

6. The first respondent filed a counter affidavit by way of objections contending, inter alia, as follows:--

"The I.A. seeking arrest of the vessel 'M.V. KAVARATHI' filed under S. 151 of the Code of Civil Procedure, 1908 is not sustainable in law and it lacks bona fides. No legally valid ground has been stated by the plaintiff for seeking the arrest of the said vessel. No amount is due from the first respondent to the plaintiff and there exists no privity between the plaintiff and the owners of "M.V. KAVARATHI'. The said vessel has not been arrayed as