Facts:

The plaintiff had instituted an admiralty action in rem against the defendants and obtained an order arresting the MT DOROUSSA. In securing her release the defendants provided a bank guarantee. On the 26th of October 2005 the plaintiff was absent and unrepresented in court. Upon application counsel for the defendants obtained an order striking out the suit for want of diligent prosecution and thereafter applied for the discharge of the guarantee.

The plaintiff filed a Motion on Notice pursuant to Order 38 Rules 6(2) and Order 54 Rules 1 and 8 for an order re-listing the suit.