- (1.) Himalaya Shipping Co. Ltd., now in liquidation, was the owner of "M. V. Sri Kailash." a sea going vessel The State Bank of India, in whose favour the said vessel had been mortgaged, instituted the present suit some time in 1982 for enforcement of the mortgage and a Receiver was appointed over the said vessel in the said suit to sell the same. More or less simultaneously, the crew and some of the officers of the said vessel initiated proceedings in the Court of the 16th Metropolitan Magistrate Bombay to recover their unpaid wages claiming a lien over the vessel for the same. The vessel was attached under the orders of the Magistrate in Bombay.
(2.) Under directions of this Court the Receiver paid off the claims of the crew and the officers of the vessel as determined in the proceedings before the Magistrate and signed off the crew, the officers arid the Master of the said vessel.
(3.) The Receiver obtained release of the attachment from the Magistrate's Court and took possession of the said vessel.;