1. The Applicant - Plaintiff has preferred this Application seeking an order to set the suit ex - parte against the Defendants. The Applicant has instituted the suit in Admiralty jurisdiction for recovery of a sum of Rs. 1,36,88,852/-asserting that it has maritime claim inter alia under S.4(1) (f) and (g) of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (the Admiralty Act, 2017 ).

2. On 17 November 2021, the Applicant moved for an ex - parte arrest of Defendant No. 1 Vessel. By an order dated 17 November 2021 in Judge's Order No. 200 of 2021 in Comm. Admiralty Suit (L) No. 26638 of 2021, this Court ordered the arrest of the Defendant No. 1 Vessel - M.V.CMA CGM Cendrillon (IMO No. 9449819). Defendant No. 2 is the registered owner of Defendant No. 1. On 20 November 2021, the Defendant Nos1 and 2 secured the Plaintiff's claim of Rs. 1,36,88,852/-by depositing the Manager's cheque of HDFC Bank. Thereupon, the Defendant No. 1 Vessel came to be released from arrest. Writ of Summons was issued on 4 March 2022.

3. The Applicant asserts, it was duly served on Defendant No. 2 on 21 March 2022. The Affidavit of Service came to be filed by the Bailiff attached to the