S.B.Sinha, ACJ. - (1.) This appeal is directed against an order dated 29th July, 1999 passed in Admiralty Suit No. 16/99. In the aforementioned Suit filed by the plaintiff-respondent, the ship known as M.V. Kim Dong was directed to be in arrested.
(2.) The fact of the matter is as follows: - Two ships known as M.V. Kim Dong and M.V. Dong. Do allegedly belonged to the Socialist Republic of Vietnamese Government. The vessel M.V. Kim Dong was carrying rice from the port of Paradeep in India to the Port of Chitagong. For reasons, which are not relevant for the purpose of the present case, the Ministry of Food of the Government of Bangladesh did not take delivery of the said consignment of the rice. The said vessel allegedly illegally left the Port of Chitagong for Hanoi on 10th July 1999 without discharging the cargo although all the documents in relation thereto had been seized by the appropriate authorities of the Government of Bangladesh. The Plaintiff in this suit had certain claim against the owners of the ship M.V. King Dong.
(3.) The vessel M.V. Dong Do had been arrested, by this court, on the following allegations: - "The Vessel" M.V. Dong Do" and the Vessel "M.V. Kim Dong" at all material times were and still are both owned in all respect by the Government of Socialist Republic of Vietnam. The plaintiff further states that at time when the cause of action in the instant suit arose both the vessels were in use or intended for use for commercial purpose. The Vessel Dong Do is a sister vessel of the Vessel M.V. Kim Dong. The said two vessel have common owners and both the vessel are owned and controlled in all respects by the Socialist Republic of Vietnam.";