' MIR KHUDA BAKHSH MARRI, C. J.-The appellant prayed an action in admiralty jurisdiction of this Court for the recovery of Rs, 7,55,178.63 against the respondents. According to the plaintiff/appellant he was a Shipping Agent having been appointed by the Respondent No,
4. The claim arose out of the amount advanced by the appellant to respondent No, 4 for salaries and medical bills of Crews, K. P. T. Custom Charges, Watchman Charges etc. It was alleged by the appellant that without having settled bills of the appellant, the Vessel sailed from Karachi to Dammam. The vessel was sold by the Saudi Government to the respondent No, 2 who in turn sold it to the respondent No, 3.
2. The suit was registered and ad interim injunction was granted by the Court, whereby the ship in question was arrested.
3. The application was contested by the respondents and the learned Single Judge came to the conclusion that an action in rem cannot be brought where the ship is not owned by the person against whom an action for the same claim could be brought in personam therefore, it was ordered that the ship should be released from, arrest.
4. The plaintiff/appellant being aggrieved, has challenged the order of the learned Single Judge by way of appeal.
5. On 24-11-1980 an interim order was passed by this Court.
6. The application has been contested by the respondents. It is contended by the respondents that no suit in rem is maintainable in the present case. The learned counsel for the appellant has disputed the contention that no action in rem is maintainable. The learned counsel for the parties have referred to various authorities in support of their respective contention. The authorities quoted by the learned counsel for the respondent, bear such observation that action in rem is also maintainable where the ship has changed the hand. As detailed arguments have to be addressed by the parties which is subject-matter of the main appeal, therefore, we would not make any observation about it. We would, however direct that 4 the interim order is varied to the extent that the respondents may dispose of the vessel or any part of it as they deem fit, provided they furnish security in the sum of Rs, 7,55,178.63 to the satisfaction of Registrar of this Court.