THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.S.No.35 of 2001 JUDGMENT: Though the matter was listed before this Court in the context of certain miscellaneous petitions, with the consent of the parties, the suit itself is heard. The suit was instituted by invoking the admiralty jurisdiction of this Court. The immediate concern of the plaintiff was to get the ship, by name Ming Comfort, owned by defendant No.1, which was leaving Visakhapatnam Port without clearing the debts. The suit was entertained and a series of interim orders were passed over the time. On hearing the learned counsel for the plaintiff and the learned counsel for the defendants, it becomes clear that the present suit was filed almost as a protective measure even while the plaintiff was taking steps to file a suit to establish its claim against the defendants. Accordingly, O.S.No.499 of 2000 was filed in the Court of the III Additional Chief Judge, City Civil Court, Hyderabad for the relief of perpetual injunction and recovery of amount against the defendants. The suit was decreed on merits on 28.10.2006. C.C.C.A.Nos.68 and 92 of 2007 were filed by some of the aggrieved parties before this Court against the said decree. Once it is clear that the purpose of filing the present suit i.e. C.S.No.35 of 2001 was to protect the interest pending adjudication of the main claim, the same virtually becomes infructuous in view of the adjudication of the claims of the parties by the civil Court. The bank guarantee furnished with reference to this suit may enure to the benefit of respondent No.1/plaintiff figuring in the two appeals referred to above. Hence, the suit is closed as infructuous. It is directed that the bank guarantee furnished in favour of the Registrar (Judicial) with reference to this shall enure to the benefit of C.C.C.A.Nos.68 and 92 of 2007. The bank guarantee shall be subject to the outcome of the appeals. Respondent No.1 shall be under obligation to keep the guarantee alive till the disposal of the appeals. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:28.04.2011 kdl