Bhaskar Bhattacharya, J. - (1.) This appeal is directed against orders dated September 4, 1997 and September 24, 1997 passed by a learned Single Judge of this Court in Admiralty Suit No. 9 of 1997 (Elltarlous Limited v. The Owners and Parties interested in the veasel "M.V. Toyno Antikaynen").
(2.) The facts giving rise to the instant appeal are as follows:- (a) The respondent carries on business inter alia as Ship Chandlers. As a part of its business the respondent also renders repairing and other essential services to the vessels berthed is the port of Calcutta. (b) On or about May 5, 1997 the vessel "M.V. Toyvo Antikaynen" (hereinafter referred to as "the suit vessel") arrived at the port of Calcutta and was berthed at 26, Kidderpore Dock. The suit vessel is registered at Odessa flying Ukrainean flag. (c) Between September 6, 1996 and September 23, 1996 the respondent supplied stores and provisions to a vessel called M.V. Kapitan Kadetskiy (hereinafter referred to as Kapitan) which nu then berthed in the port of Calcutta. The Kapitan was owe one M/s. Black Sea Shipping Company Limited, Odessa which is also the owner of the suit vessel. (d) The respondent supplies stores and provisions to Kapitan at the request of the owner viz. M/s Black Sea Shipping Company Limited made through its Manager and Agent M/s. Silverline Limited of United Kingdom. Apart from supplying stores arid provisions, the respondent also rendered various repairing and other essential services to Kapitan. (e) It was agreed between M/s. Silverline Limited acting on behalf of the owner of Kapitan and the respondent that payment of the bills should be made within 30 days of the receipt of the invoices by M/s. Silverline Limited In London. (f) Inspite of sending demand by the respondent, the owner of Kapitan did not pay she dues of the respondent which amounted, to Rs. 20,24,910/- with interest. (g) The vessel Kapitan sailed away from the port of Calcutta without, paying the dues of the respondent. (h) Since a sistership of Kapitan belonging to the same owner viz. M/s. Black Sea Shipping Company Limited had arrived at the port at Calcutta, the respondent filed the aforesaid Admiralty Suit thereby claiming a sum of Rs. 20 24,910/- with interest. In the said salt the respondent further prayed for arrest and sale of the vessel.
(3.) In the aforesaid suit on an application of the respondent, a learned Single Judge of this Court by order dated June 10, 1997 issued a warrant of arrest in respect of the suit vessel.;