Ramendra Mohan Datta, J. - (1.) In this interlocutory application the appellant is asking for stay of the operation of the order of D. K. Sen, J. passed on May 14,1981. After delivering his judgement the learned Judge ordered that the vessel would be released on furnishing security to the extent of United State Dollars 4450 in equivalent India rupee at the current exchange rate. It was directed that the security might be given in cash or by a Bank Guarantee within a week from the said date. The Registrar was to issue the instrument of release and the Marshal was to release the vessel on a signed copy of the minutes. The plaintiff was directed to pay the cost, expenses and remuneration of the Marshal.
(2.) Prior to that on April 25, 1981 on the application of the plaintiff appellant the learned Judge made an order for arrest of the vessel as follows:- "There will be an order in terms of prayers (a) and (b) of the affidavit. The Registrar, Original Side, is directed to issue the Writ of Arrest expeditiously. It is made clear that the defendants will be entitled to apply for release of the vessel on furnishing security. The plaintiff is directed to deposit with the Marshal Rs. 1,000/- at the first instance on account of Marshals costs and charges. It is made clear that the vessel is to be arrested on the signed copy of the minutes. The Registrar, the Marshal and all parties to action a signed copy of the minutes subject to the usual undertaking." Pursent to the said order the said vessel M. V. "NOTIS" also known as "Bhoja Trader" lying at K.P. Docks was arrested by the Marshal. The said arrest is still continuing. On April 27, 1981 on behalf of Intra Co. Ltd. a foreign company of British, West Indies, the matter was mentioned before the learned Judge praying for release of vessel. The matter was directed to appear marked as "to be mentioned on April, 28 1981. On the said date an affidavit was filed on behalf of Intra Co. Ltd. in opposition to the said original application for arrest. It stated therein that the said vessel has since been acquired by purchaser Intra Co. Ltd. On April 16, 1981 from the previous owners of M.V. "NOTIS" and the name thereof was changed to VI. V. "BHOJA TRADER". It was also stated that the said vessel was delivered to Intra Co. Ltd. On April 16, 1981 at Calcutta by singing a "Protocol of delivery". The said vessel was said to be registered in the Republic of Panama on April 21, 1981 in the said name of "BHOJA TRADER". In the application before us a provisional certificate of registration has been relied on.
(3.) According to the plaintiff appellant on January 19,1981 a charter-party agreement was entered into by and between them and the owners of the vessel M. V. "NOTIS" where under the vessel sailed from Korea to the Port of Calcutta and thereafter it was due to sail from the Port of Calcutta to Kuwait. According to the plaintiff appellant there were breaches of charter-party committed by the said vessel and in respect thereto the owners were asked to remedy the said breaches. As such breaches were not remedied the plaintiff appellant on April 13, 1981 at Calcutta issued notice to the respondent terminating the said charter-party. On April 24, 1981 having come to know that the vessel sought to change hands the plaintiff appellant rushed to Court by moving the said application on April 25, 1981 at the residence of the learned Judge by a Special Appointment. On April 30. 1981 an affidavit was filed on behalf of the plaintiff appellant in the said proceeding before the learned Judge of the Court below and thereafter the matter was heard and on May 4, 1981 the judgement and order was passed by the Court below. On the very same day i.e. on May 4, 1981 the appeal was preferred and the application was moved for an ad interim order. The Appeal Court made an order on May 4, 1981 granting an ad interim order for stay of the operation of the order of the Court below and directing the appellant to deposit a sum of Rs. 10,000/- with its advocate on record by way of security for costs and a further sum of Rs. 1,000/- with the Marshal for the expenses for further maintenance of the vessel.;