HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE NARESH H. PATILHON'BLE SHRI JUSTICE G. S. KULKARNI
SOCAR TURKEY PETROL ENERJI DAGITIM SAN Ve Tic A.S. – Appellant
Versus
MV AMOY FORTUNE (IMO 9583639) – Respondent
JUDGMENT [Per Naresh H. Patil,J.] :
1. Admit. Heard finally by consent of parties.
2. This appeal arises from an order dated 4 June 2018 passed by the learned Single Judge whereby a notice of motion filed by the respondent in the admiralty suit in question wherein a prayer made by the respondent for setting aside of an ex-parte order of arrest of vessel dated 16 March 2017 and for return of security furnished by the respondent alongwith interest accrued thereon stands allowed.
2. Appellant is the original plaintiff. Respondent is the original defendant namely MV Amoy Fortune. The notice of motion in question was taken out by the owners of the vessel.
3. Briefly stated facts are as under:-
The case of the appellant as set out in the plaint is that the appellant is a company incorporated under the laws of Turkey inter-alia engaged in the business of supplying bunkers to sea-going vessels at various ports. The plaintiff operates in the filed of fuel sales and is in business of supplying products to end users in the aviation and maritime segments. The respondent is a foreign, sea-going vessel, flying the flag of Hong Kong, China as per the equasis report dated 14 March 2017.
4. The admiralty
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