1. In this appeal, the appellant has challenged the order dated 6-10-1998, passed by the learned single Judge of Original Side in application No. 1217 of 1997 in C.S. No. 97 of 1997.

2. Before the appeal being dealt with, it is relevant to look into the dates and events of the case admitted by both sides. The first respondent herein has filed the suit in C.S. No. 97 of 1997, for recovery of US $ 22,705.84 against the second respondent herein on 26-2-1997. Along with the suit, the first respondent filed Application No. 750 of 1997, praying for an order of arrest of the vessel, which has arrived at Port of Madras, and the same was ordered on 27-2-1997 as prayed for. The appellant herein filed a suit in A.S. No. 27 of 1997 on the file of the Bombay High Court, for recovery of amount of US $ 39,712.97. At the instance of the appellant, the Bombay High Court ordered arrest of the vessel M.V. Eleni on 19-3-1997. On 17-4-1997, the Madras High Court ordered sa