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5. J.S. Ocean Liner LLC-the plaintiffs-are the foreign company incorporated under the foreign laws and carrying on the business at Bur, Dubai (U.A.E.). The plaintiffs are charterers of vessel for carriage of cargo. M.V. Golden Progress the first defendant is a foreign flag vessel and was lying in port and harbour Bombay on the date of the filing of the suit. Abhoul Marine LLC (FZCO) the second defendant-are also the foreign company incorporated under the foreign laws and carrying on business at Dubai (U.A.E.). The second defendant are the owner of the first defendant vessel. The plaintiffs filed the present suit for the purposes of recovering an amount aggregating US$ 46,913.52 (together with interest thereon and costs) due and payable to them by the second defendants or in the alternative, for securing the said amount pending the commencement and outcome of the arbitration proceedings to be initiated in London against the second defendants.

13. It transpires from the proceedings that on 11th April, 2005, an order of arrest of the first defendant vessel was made. Pursuant to the warrant of arrest dated 11th April, 2005 and executed upon the first defendant vessel m.v. Golden Progress, the second defendants provided the security towards the suit claim, costs and Sheriffs Poundage by depositing in this Court a pay order for US$ 47,952.00 and the vessel was released vide order dated 19th April, 2005 in terms of minutes of the order. While providing security, the second defendants made it clear that the same was being done without prejudice to their rights and contentions in the matter.