JUDGMENT :

(Prayer: Plaint filed under Order XLII Rule II of the High Court Original Side Rules, praying for the following judgment and decree:-

(a) for a sum of Rs.1,29,22,430/- together with interest at the rate of 24% per annum on Rs.1,29,22,430/- from the date of plaint till the date of realization in full;

(b) For arrest and sale of the vessel M.V.Mirna in as is where is condition, presently in Indian waters at the port of Tuticorin;

(c) For a direction to adjust the sale proceeds against the suit claim with interest and costs;

(d) For costs of the suit.)

1. The plaintiff seeks recovery of a sum of Rs.1,29,22,430/- due and payable for the fuel (bunkers) supplied to the ship M.V.Mirna, while it was berthed at Cape Town, South Africa, on 24.09.2006.

2. According to the plaintiff on the orders of the charterer of the ship M/s.Crossworld Middle East LLC, Sharjah, represented by one Mr.R.Srinivasan, the plaintiff had supplied 599.998 Metric Tonnes of Intermediate Fuel Oil and 90.004 Metric Tonnes of Marine Gas Oil to the ship M.V.Mirna, which is cited as the defendant in this action under the admiralty jurisdiction of this Court. According to the plaintiff, the orders were placed through