ORAL JUDGEMENT :-

. This chamber summons and the notice of motion in this Admiralty Suit can be disposed of by a common order, inasmuch as they were heard together so also similar contentions were canvassed by parties.

2. The plaintiff has instituted this suit in the Admiralty & Vice Admiralty jurisdiction of this Court for the following reliefs:-

"(a) For an order of Arrest of the 1st Defendant vessel for a sum of Rs.42,60,000/- as per the particulars of claim shown in Exh.N hereto;

(b) That the defendants be ordered to permit the plaintiff’s a survey of the first defendant vessel;

(c) For an order and decree in favour of the plaintiffs and against the first and second defendants for Rs.42,60,000/- as per the particulars of claim shown in Exh.N hereto;"

3. It is the case of plaintiff that it is a company engaged in business of owning barges and ships. The first defendant vessel is a foreign flag ship presently lying at Port Alang, Gujarat. The plaint proceeds on the basis that the vessel owners are unknown and she is presently on her final voyage for ship breaking operations. Second defendants are the representatives of the owners of the vessel. They are responsible and instrumental in