- (1.) The appellant is not a party in the original suit. The appellant has filed this appeal with a prayer for leave to file the instant appeal. The affidavit of service filed shows that service has been effected on all the parties including the plaintiff. However, in spite of notice, the plaintiff is not represented.
(2.) The appellant seems to be aggrieved by an order passed by Justice Arindam Sinha on 7th May 2019 in which His Lordship has laid down certain procedures to be followed regarding the sale of the ship in question. The procedure prescribed is in partial modification of Regulations 5 and 6 of Calcutta Port Trust (Distraint or Arrest and Sale of Vessels) Regulations, 1988.
(3.) Mr. Asis Kumar Banerjee, the duly authorised representative of the applicant, has submitted that the applicant has filed an admiralty suit for arrest of the vessel in question, and in the said suit, an order of arrest was passed on 24th November 2017 and the said order was confirmed on 30th November 2017. The applicant has a substantial claim against the owners of the vessel and is apprehensive that in the event the sale takes place, it may prejudice the interest of the applicant qua the vessel. The apprehension further expressed is with regard to the modalities of the sale. The applicant presumes that the sale would be by private treaty and not by public auction, in which case, the realisation by way of sale proceeds may be inadequate.;