Needless to record that the second respondent was said to be the owners of the vessel M.V.AL QUAMAR ex AL TABITH.
Equally, the other reason given by the learned Judge that vacation of the interim order would have the potential effect of making the execution petition infructous and, therefore, the interim order ought number be vacated before the disposal of the E.P. also appeals to us.
1994 Folio No.
Adverting to a brief reference to the factual aspect of the matter at this juncture it appears that an Execution Petition was filed before the learned Single Judge of the Andhra Pradesh High Court in terms of Section 15 of the Admiralty Courts Act and Section 44A read with Order XXI Rule 10 of the Code of Civil Procedure for executing the decree issued by the High Court of Justice Queens Bench Division Admiralty Court in an action by the first respondent against the second respondent herein claiming damages for repudiation of an L.O.F. salvage companytract.
Assumption of Admiralty jurisdiction by Andhra Pradesh High Court and passing of an order of arrest in execution of a judgment and decree of the High Court of Justice Queens Bench Division, Admiralty Court in London in case No.
The E.P. itself has been posted for hearing and the hearing would have been companycluded by number, but for this intervening appeal.
1693 dated 9.11.1988, is the key issue for discussion in these appeals by the grant of special leave.
By companysent of learned Senior Advocates of the parties, the appeals were heard finally and are being disposed of by this companymon judgment.
BANERJEE, J. LITTTTTTJ Leave granted in both the SLPs.
The records depict that the appellant herein filed a petition to vacate the interim order principally on the ground that the ownership of the ship having been transferred bona fide and for valuable companysideration to Quamar Shipping Ltd., the ship as attached in terms of the order of 15th September, 1999, cannot possibly be kept under attachment in execution of the decree against the original owner being the respondent No.2 herein.
