R. Subbiah, J.

1. Application No. 6124 of 2014 has been filed by the Plaintiff under Order 14, Rule 8 of O.S. Rules read with Rule 42, Rule 3 of O.S. Rules praying for arrest of the Respondent vessel MT TITAN VISION together with her Engines, Gears, Tackles, Apparels, Plant, Machinery, Furniture & Fixtures and Paraphernalia, presently in Indian Waters at the Port of Karaikal, or wherever found within the territorial waters of India. Application No. 6259 of 2014 has been filed by the Defendant seeking to vacate the Order of Arrest dated 25.9.2014 passed in Application No. 6124 of 2014 in respect of the vessel MT TITAN VISION.

2. Application No. 6260 of 2014 has been filed by the Defendant under Order 14, Rule 8 of the O.S. Rules read with Order 7, Rule 11(d) of C.P.C., praying to reject the Plaint.

3. Application No. 6261 of 2014 has been filed by the Defendant under Order 14, Rule 8 of the O.S. Rules and Section 45 of the Arbitration and Conciliation Act, 1996, praying to refer the dispute raised in the Suit to Arbitration in terms of the Arbitration clause as contained in the Charter Party and Bills of Lading.

4. The Suit has been filed by the Plaintiff for the following reliefs:

"(i) to direct the Defendant to pay a sum of Rs 5,14,19,114.50 (in USD 845,570) together with interest at the rate of 18% per annum from the Plaint till the date of realisations;

(ii) for the arrest and sale of the Defendant vessel MT TITAN VISION together with Engines, Tackles, Cranes, Derricks, Machinery and other Paraphernalia and Articles on Board of the said vessel presently lying in the Indian waters at the Port of Karaikal, or wherever found within the territorial waters of India;

(iii) for a direction to adjust the sale proceeds of the Defendant vessel MT TITAN VISION against the Suit claim; and

(iv) for payment of costs of the Suit."

5. The averments made in the Plaint, in brief, are as follows:

"5(1). The Plaintiff is a Private Limited Company, incorporated under the Companies Act, 1956, having head office at Puducherry and its registered office at Chennai. The Defendant is the owner and person interested in the vessel MT TITAN VISION registered with Singapore flag, with a gross tonnage of (GRT) 6190 MTs and a dead weight of (DWT) 9016 T. The said vessel is owned by Singapore Tankers Private Ltd., care of Oceanic Shipping Private Ltd., Singapore and M/s.7 Seas Ship Management Private Ltd., is the Disponent Owner/Bareboat Charterer of the said vessel having its registered office at Union Banking, 71, Tras Street, 10-179, Singapore. The Nova Carriers (Singapore) LTE LTD is the charterer.

5(2). The Plaintiff is carrying on business in RBD Palm Olien Edible Oil and the Plaintiffs Singapore partner is M/s. Wilmar Trading Private Ltd. The Plaintiff, in the course of business, placed an order with the M/s. Wilmar Trading Private Ltd., to export 4,999.956 MTs and 3,299.962 MTs RBD Palm Olein Edible Oil. As per the said Order, 4,999.956 MTs of Oil was to be delivered to the Plaintiff at Puducherry through Karaikal Port and 3,299.962 MTs of Oil was to be delivered to the Plaintiff at Chennai through Chennai Port. 4,999.956 MTs of Oil was contracted for 4,191,463.85 UDS and 3,299.962 MTs of Oil was contracted for 2,710,918.78 USD. Based on the order, the Wilmar Trading Pvt. Ltd. had, in turn, placed the order with M/s. AAA Oils & Fats Pvt. Ltd. Subsequently, M/s. AAA Oils & Fats Pvt. Ltd. loaded/shipped the RBD Palm Olein Edible Oil in the Defendant's vessel MT TITAN VISION at the port of Dumai, Indonesia. The Tanker Bill of Lading dated 22.7.2014 was also signed by the Disponent Owner of the vessel confirming the shipment on board and the destination port for 4,999.956 MTs of oil is at Puducherry and 3,299.962 MTs of Oil is at Chennai. Subsequent to the loading of the oil, the commercial invoice dated 22.7.2014 was raised to Wilmar Trading Private Ltd., who in turn raised the Commercial Invoice dated 25.7.2014 to the Plaintiff.

5(3). The vessel MT TITA