- (1.) These appeals are against an order of the High Court dated 29.09.2000 by which an appeal against the Judgement of a learned Single Judge dated 13.02.1998 in two admiralty suits has been dismissed.
(2.) Briefly stated, the facts are as follows: Two ships, namely, M. V. Charisma and M. V. Alexandra were owned by one Nilhaat Shipping Company Limited. The said Company had been advanced loans by the Shipping Development Fund Committee (SDFC) which had been established under the provisions of the Merchant Shipping Act. For repayment of the loans the abovementioned two ships were mortgaged to SDFC. The said SDFC had filed Admiralty Suit No. 32 of 1979 in the Bombay High Court, for enforcement of mortgage created in its favour by arrest and sale of vessel M.V. Charisma. The Bombay High Court had directed arrest. In breach of the order of the Bombay High Court, the vessel was sent to Haldia and was abandoned over there.
(3.) SDFC also filed a suit in England seeking to enforce the mortgage created in its favour in respect of the vessel M.V. Alexandra. This suit was decreed against the owners.;