Ashim Kumar Banerjee, J. - (1.) The plaintiff supplied gas oil to M.V.Yang Pu at the instance of M/s. Hainan Nayan Shipping Industrial Pte. Ltd.. The said sale was confirmed by a fax communication dated 27th July, 1999. The supply was made on 14th August, 1999. As the money was not forthcoming, despite reminders, plaintiff filed the suit in this Court on 12th November, 1999 inter alia for arrest of a vessel M.T. "New Nanyang No. 1" on the ground that the supply was made at the instance of M/s. Hainan Nayan Shipping Industrial Pte. Ltd. who was the owner of the vessel M.T. "New Nanyang No. 1" on the relevant date being the date of institution of the suit. The vessel got arrested at the instance of the plaintiff on the said date being 12th November, 1999.
(2.) On 18th November, 1999 the vessel was released by furnishing of a security of Rs. 15.00 lacs at the instance of Power Steamship Co. Ltd. claiming to be the owner of the vessel M.T. "New Nanyang No. 1".
(3.) The said Power Steamship Co. Ltd. filed written statement contending that the said vessel did not belong to Hainan on the relevant date and it belonged to the Power Steamship Co. Ltd. which had no nexus with M.V.Yang Pu for which the present suit could be instituted and the vessel M.T. "New Nanyang No. 1" could be arrested.;