Leave to appeal against particular order confined to that order only.

A. KULASEKARAN, J.

In this appeal, the appellant has challenged the order dated 06.10.1998, passed by the learned single Judge of Original Side in Application No.1217 of 1997 in C.S.No.97 of 1997.

2. Before the appeal being dealt with, it is relevant to look into the dates and events of the case admitted by both sides. The first respondent herein has filed the suit in C.S.No.97 of 1997, for recovery of US $ 22,705.84 against the second respondent herein on 26.02.1997. Along with the suit, the first respondent filed Application No.750 of 1997, praying for an order of arrest of the vessel, which has arrived at Port of Madras, and the same was ordered on 27.02.1997 as prayed for. The appellant herein filed a suit in A.S.No.27 of 1997 on the file of the Bombay High Court, for recovery of amount of US $ 39.712.97. At the instance of the appellant, the Bombay High Court ordered arrest of the vessel m.v.ELENI on 19.03.1997. On 17.04.1997, the Madras High Court ordered sale of the said vessel. On 21.04.1997, M/s.Erricson and Richards were appointed as Court Surveyor to value the vessel, by the Madras High Court. On 25.04.1997, terms and conditions for sale were approved by the Madras High Court. From 30.04.1997 to 06.05.1997, publications were effected in respect of the sale of the said vessel in Lloyds List, Indian Express, The Hindu, Express Newsline and Financial Express. The Madras High Court received a tender from M/s.Jansee Steel Industry Pvt.Ltd. on 26.05.1997. On 04.08.1997, order of confirmation was made in favour of M/s.Jansee Steel Industry Pvt.Ltd. by the learned single Judge. The said order was challenged by one M/s. Bancorex in O.S.A.No.15 of 1998. The same Bancorex filed another O.S.A.246 of 1997, challenging the order passed in Application No.906 of 1997. O.S.A.No.246 of 1997 was disposed of on 28.08.1997, directing the parties to agitate before the learned single Judge. On 11.09.1997, the Bombay High Court decreed the suit filed by the appellant for a sum of US $ 50,081.74 with interest etc. On 25.09.1997, the appellant wrote a letter to the advocate commissioner, appointed by the Madras High Court, informing the decree passed in their suit. On 30.09.1997, the advocate commissioner requested the appellant herein to send certified copies of the decree and other related papers. On 21.10.1997, the Sheriff of Mumbai wrote a letter to the advocate commissioner, informing him of the condemnation of the ship ELENI. On 24.10.1997, the learned single Judge of Original Side of the Madras High Court confirmed the sale in favour of M/s.Jansee Steel Industry Pvt.Ltd. On 24.01.1998, the decree, transmitted by the Bombay High Court, was received by the Madras High Court. On 10.02.1998, the appellant filed Execution Application No.98 of 1998 before the Bombay High Court. On 17.03.1998, the Bombay High Court issued a notice under Order 21 Rule 52 of the C.P.C., requesting the Madras High Court to hold the decretal sum in an aggregate amount of US $ 58,325.64 from and out of the funds deposited by M/s.Jansee Steel Industries. O.S.A.No.15 of 1998 was allowed on 23.04.1998, setting aside the confirmation of sale made in favour of M/s.Jansee Steel Industry Pvt.Ltd.and the matter was remanded to the learned single Judge to ensure that the best possible price is secured. On 01.09.1998, the learned single Judge of Original Side of the Madras High Court accepted the only bid of M/s.Jansee Steel Industry Pvt.Ltd. for a sum of US $ 4,70,000 and directed to pay the balance consideration within three weeks, failing which the earnest money, deposited by them, shall stand forfeited. The learned single Judge also directed the advocate commissioner to deposit the entire amount to the credit of the suit. On 07.09.1998, the Registry of Madras High Court noted the attachment made by the Bombay High Court in the suit register. On 22.09.1998, payment of sale consideration was made to the advocate commissioner. On 25.09.1998, the Bombay High Cou