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1998 Supreme(Mad) 650

SHIVARAJ V.PATIL, M.KARPAGAVINAYAGAM
Bancorex S. A. – Appellant
Versus
Ocean Marine Services Co. Ltd. , Korea and Others – Respondent


Appearing Advocates:C.A. Sundaram, S.C. For K. Harish, S. Vasudevan, 1, Alagiriswami, S.C. For A. Thiagarajan, 3, Sampathkumar, Crew, Advocates.

Judgment :-

M. KARPAGAVINAYAGAM, J.

This appeal has been filed by the appellant/intervenor before this Court against the decretal order and fair order of the learned single Judge dated 24-1-1998, passed in Application No. 1217 of 1997 in C.S. No. 97 of 1997 in exercise of the Admiralty Jurisdiction confirming the sale of the vessel "M.V. ELENI."

2. The plaintiff/first respondent Ocean Marine Services Company Limited, Korea, filed an admiralty suit in C.S. No. 97 of 1997 for recovery of money from the defendant, the owners and parties interested in the vessel M.V. Eleni, in Feb. 1997. He also filed an application in A. No. 750 of 1997 on 26-2-1997 for the arrest of the vessel. Thereafter, he filed another application in A. No. 906 of 1997 on 6-3-1997 for the sale of the same. Pursuant to these applications, the vessel was directed to be arrested by the order dated 27-2-1997 and the same was ordered to be sold by the order dated 17-4-1997.

3. At this stage, several persons claiming liens over the vessel, filed the intervenor applications in the suit. The appellant also intervened through Application No. 2172 of 1997, as the said vessel had been mortgaged to the appellant to secure the l
























































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