- (1.) The Court: This suit was instituted by Essar Oil Limited and another against the Owners man Parties interested in the Barge 'Pegah' on September 17, 1993 and was marked as Admiralty Suit No. 3, 1993.
(2.) Pursuant to the application made by the plaintiff in this suit an interim order was made by this Court on September 17, 1993 which was to the following effect: "There will be an order in terms of prayer (a) upon the undertaking of Mr. Roy Chowdhury's clients to indemnify the parties affected, in case it appears subsequently that the order of arrest has been obtained wrongfully by Mr. Roy Chowdhury's clients."
(3.) The facts of the case may be stated slimily as follows : On January 25, 1993, a Charterparty Agreement was arrived at between the plaintiff no. 2 Scindia Essar (ME.) Limited and Iraq Marine Services, the owners of Barge 'Pegah'. The said Charterparty Agreement contained an Arbitration clause. It is not disputed that there was such a Charterparty Agreement between the plaintiff no. 2 and the said owners of Barge 'Pegah'.;