M.T. Felomena Lembo, a motor vessel flying a foreign flag, registered at a Port other than India has filed the present appeal being aggrieved by the interim judgment and order dated 5.10.2004 passed by the learned Single Judge of this Hon'ble Court in Admiralty Suit No.6 of 2004. It is prayed in this appeal that:- “5(A) to stay pending the hearing and final disposal of the captioned Original Jurisdiction Appeal No.2071 of 2004, the operation, implementation and execution of the judgment and order dated 5.10.2004 passed by the learned Single Judge of this Hon'ble Court in Admiralty Suit No.6 of 2004 and order return of the security/Bank Guarantee No.BMD:FGN:GTEE:F/86/131 dated 8.10.2004 furnished by the applicant.”
2. Learned advocate Mr. A.S. Vakil for the appellant vehemently submitted that the present appeal is required to be allowed, more so in light of the fact that the amount of security was reduced from time to time by this Court when the contaminated goods were sold and the amount realized was received by the plaintiffs. The submission made by the learned advocate for the appellant is found to be not acceptable for the simple reason that the order to deposit the security was made at the time of admitting the Admiralty Suit and to protect the interest of the plaintiffs, unless the suit is heard and decided, there is no question of the prayer made in this appeal being granted. Hence, for this short reason, the appeal fails and stands dismissed.
3. As the main appeal is dismissed, civil application does not survive and the same is accordingly dismissed.
[RAVI R. TRIPATHI, J] shekhar [N.V. ANJARIA, J]