A.K.Banerjee, J. - (1.) M.V. Nikolaos-S was owned by Third Element Enterprises at the relevant time. The vessel was flying a flag of Republic of Sipras at the relevant time. The plaintiff supplied bunkers and other necessaries to the said vessel as well as rendered necessary services to her at the Port of Durban on the terms and conditions agreed by and between the parties in or about November, 1999. According to the plaintiff the bunkers were received by the master, the services were rendered to the ship as acknowledged by the master of the vessel. The plaintiff raised invoices on November 26, 1999 for US$ 94,611.25 which remain unpaid.
(2.) While the vessel was at Indian Port the plaintiff filed the above suit on January 6, 2000. Simultaneously with the filing of the suit the plaintiff moved an application for arrest of the ship in question and got the same arrested on the same date i.e. 6th January, 2000. The vessel remain arrested at the Indian Port for few days. None claiming the ownership of the vessel approached this Court for release of the said vessel at that point of time.
(3.) On January 25, 2000 learned counsel appearing for the plaintiff approached the learned admiralty judge expressing the intention of the plaintiffs not to proceed with the application for arrest as according to him, the parties reached an out of Court settlement. This Court recording the said fact dismissed the application for arrest and remained silent on the issue of pendency of the suit.;