ORDER:

1. By this Interim Application, the Applicant/Plaintiff is KAVITA SUSHIL JADHAV seeking Summary Judgment under Order XIII-A, Rule 1 read with Digitally signed by KAVITA SUSHIL JADHAV Date: 2024.08.23 Order XII Rule 6 of the Code of Civil Procedure, 1908 (“CPC”).

2. The present Suit has been filed by the Plaintiff seeking to enforce claims arising out of supplies of bunker made to the Defendant-Vessels – OSV Beas Dolphin; M.V. Sea Jaguar and M.V. ATH Melody. In so far as the Vessels-M.V. Sea Jaguar and M.V. ATH Melody are concerned, the Plaintiff has sought to enforce claims against the Defendant No.2 from the arrest and thereafter sale of the Defendant – Vessel on the ground that the Defendant – Vessel is beneficially owned by Defendant No.2, who at that point in time chartered the aforementioned two Vessels as time charterer.

3. It is relevant to refer briefly to relevant dates and events which are as under:

 The dates and events pertaining to the bunker supplies to the three Vessels are for convenience categorized as Supply-I, II & III :

Supply I (Defendant No.1-Vessel):

(i) By an e-mail dated 28th February, 2019, the Plaintiff issued a confirmation to Defendant No. 3 for a sup