Judgment:
1. The Court: Advocates-on-record for the defendant, Vinashin Ocean Shipping Company Limited undertakes to waive service of the writ of summons.
2. Accordingly, service of writ of summons is waived upon the said defendant’s undertaking to enter appearance in the instant suit on behalf of the aforementioned defendant.
3. As security has been furnished in Korean Wons on 19th May, 2011 for release of M.V. Hoa Sen, the security be also treated as security in the instant suit. Accordingly, the orders dated 16th September, 2010 and 19th October, 2010 are vacated and the order of injunction passed in respect of M.V. Cai Lan-4 stands vacated.
4. This order is passed in view of the submission made by counsel for Vinashin Ocean Shipping Company Limited that the application for objection filed in proceeding relating to prejudgment attachment of vessel bearing No. 2011 Kadan 1350 pending before the Learned Pyongtaek Branch Court, Suwon District Court shall not be pressed. In view of the order passed today the only issue that needs to be addressed is with regard to the rejection of the plaint.
5. Accordingly, directions are given for filing affidavits :
Affidavit-in-opposition be filed within four weeks from date; affidavit in reply within two weeks thereafter. Matter to appear in the list seven weeks hence.
6. As no purpose will be served by dealing with the supplementary affidavit, opposition be restricted to G.A. No. 1573 of 2011. The plaintiff need not deal with the allegations contained in the supplementary affidavit, which in any event is not admitted.
7. The Marshal is directed to communicate this order to the Master of the Vessels, Port Authorities, Chennai, Customs Authorities, Chennai by facsimile message and also the usual mode of service.
8. Marshal, Port Authorities, Chennai, Customs Authorities, Chennai and Master of the vessel and all parties are to act on a Photostat signed copy of this order on the usual undertaking.