A.K.Ganguly, J. - (1.) This suit has been filed by Blue Ocean Exports Private Limited against the owners and parties interested in the vessel 'Tiger Creek'. The suit has been filed by the plaintiff for the arrest of the vessel 'Tiger Creek' in order to secure its claim out of the alleged non-delivery of cargo .
(2.) The case of the plaintiff is that it entrusted the vesssel with its cargo for the purpose of its carriage from the Port of Haldia to the Port of Dubai. The further case is that in connection with the said cariage of cargo, several Bills of lading all dated 1st February 1999 were issued and one A.M. Hossain and Brothers were the notified parties in those Bills of Lading which were issued by one Samudera Shipping Line Pvt. Ltd. but the case of the plaintiff is that the cargo was not delivered to the party to whom it was sent and, as such the cargo has been lost. Consequently, an order of arrest was passed on 14th September 2000.
(3.) In the instant suit, the Bengal Tiger Lines Cyprus, the present charterer of the said vessel, M.V. Tiger Creek, entered appearance and contested the maintainability of the suit. Two points have been raised on the basis of which it is urged that the suit is not maintainable. Those points are as follows: Previously, another Admiralty Suit on the self-same cause of action was filed by the plaintiff on 7th September 2001 but the same was wihdrawn.;