1. This is a Chamber Summons taken out by the plaintiff to the suit and defendant to the counter - claim for excluding from the suit the counter - claim filed by the defendants. The present suit has been filed by the plaintiff, a company incorporated in the Federal Republic of Germany and having its registered office at Hamburg to recover a sum of DM. 45,365 which is equivalent to Rs. 2,99,409, together with interest thereon in respect of various spare parts applied and repairs carried out to the 1st defendant vessel at Hamburg and elsewhere. The suit was filed under the admiralty jurisdiction of this court when the 1st defendant vessel was in Bombay. The vessel arrived in Bombay on 12-11-1986. The suit was filed on 27-11-1986 and the 1st defendant vessel was arrested under an order of 29th Nov., 1986 of this court. The defendants furnished a security in the form of Bank Guarantee in the sum of Rs. 4,50,000 as per the order of