Shephali REPORTABLE IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY & VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL APPELLATE DIVISION INTERIM APPLICATION (L) NO. 11655 OF 2022 IN COMMERCIAL ADMIRALTY SUIT (L) NO. 10641 OF 2022

1. MT Pamboor 2 (IMO 9914852), (and her owners and all other persons concerned and/or interested in her), an oil product tanker ship registered as a River-Sea Vessel (Type II) at Port of Mumbai under the Merchant Shipping Act, 1958 together with her hull, tackle, engines, gears, plant, machinery, articles, things, apparel, equipment, paraphernalia and all other appurtenances, presently at Port and Harbour of Mumbai, within the territorial waters of State of Maharashtra.

2. Shiny Shipping & Logistics Private Limited, a company incorporated under the provisions of the Companies Act 2956 having its registered office at A-72, Shiny House, Kamgar Nagar Co-

operative Housing Society, Kamgar Nagar, Kurla, East, Mumbai 400 024 … Applicants In the Matter Of:

Polygreen International DMCC, a company incorporated under the appropriate laws of the United Arab Emirates, having its registered office at Unit No. 206, HSD Tower, Plot No. JLT-PH1, F2A, Jumeirah Lakes Towers, Dubai, United Arab Emirates. … Plainti ~ versus ~

1. MT Pamboor 2 (IMO 9914852), (and her owners and all other persons concerned and/or interested in her), an oil product tanker ship registered as a River-Sea Vessel (Type II) at Port of Mumbai under the Merchant Shipping Act, 1958 together with her hull, tackle, engines, gears, plant, machinery, articles, things, apparel, equipment, paraphernalia and all other appurtenances, presently at Port and Harbour of Mumbai, within the territorial waters of State of Maharashtra.

2. Shiny Shipping & Logistics Private Limited, a company incorporated under the provisions of the Companies Act 2956 having its registered office at A-72, Shiny House, Kamgar Nagar Co-

operative Housing Society, Kamgar Nagar, Kurla, East, Mumbai 400 024 … Defendants WITH COMMERCIAL APPEAL (L) NO. 18306 OF 2022 IN INTERIM APPLICATION (L) NO. 11655 OF 2022 IN COMMERCIAL ADMIRALTY SUIT (L) NO. 10641 OF 2022

1. MT Pamboor 2 (IMO 9914852), (and her owners and all other persons concerned and/or interested in her), an oil product tanker ship registered as a River-Sea Vessel (Type II) at Port of Mumbai under the Merchant Shipping Act, 1958 together with her hull, tackle, engines, gears, plant, machinery, articles, things, apparel, equipment, paraphernalia, and all other appurtenances, presently at Port and Harbour of Mumbai, within the territorial waters of State of Maharashtra.

2. Shiny Shipping & Logistics Private Limited, a company incorporated under the provisions of the Companies Act 2956 having its registered office at A-72, Shiny House, Kamgar Nagar Co-

operative Housing Society, Kamgar …Applicants/ Nagar, Kurla, East, Mumbai 400 024 Appellants ~ versus ~

Polygreen International DMCC, a company incorporated under the appropriate laws of the United Arab Emirates, having its registered office at Unit No. 206, HSD Tower, Plot No. JLT-PH1, F2A, Jumeirah Lakes Towers, Dubai, United Arab Emirates. …Respondent APPEARANCES for the appellants Mr Venkatesh Dhond, Senior (orig defendants) Advocate, with Balaji Harish Iyer & Ram Jay Narayan, i/b Ashwin Shanker.

for the respondent Mr Shyam Kapadia, with Aditya to the appeal (orig Krishnamurthy & A Mukherjee, plaintiff) i/b Bose & Mitra & Co.

CORAM : G.S.Patel &

Gauri Godse, JJ DATED : 19th August 2022 ORAL JUDGMENT ( Per GS Patel J) :-

1. This order disposes of the original Defendants’ (present Appellants’) Interim Application No.(L) No.11655 of 2022 in the main suit, along with the Commercial Appeal (L) No 18306 of 2022. 2. The reason the Interim Application itself comes before us requires explanation.

3. The Plaintiff, Polygreen International DMCC (“Polygreen”) is a foreign company incorporated in the UAE. It provides salvage services and assistance to ships in distress. It also undertakes emergency oil spi