Cargo XIN 8.000 MI IN IF BLS FELDSPAR UPTO VSLS FULL CAPA CHOP L D Port 1SB SP Tuticorin India/1 SB 1 SP TAICHUNG, TAIWAN Laycan 25th Oct 5th Nov.1995 L D Rate 1.200 XT PWDSSEX BIU/1.500MT PWDSEEX W IUARC Freight VSD 25.00 PWI FIOST BSS 1/1 Payment 100 pet frt payable w I 5 banking days acol S BLS L FET prepaid Full frt TB deexed earned by ovrs CH is discountless number returnable whether CGO VSL Lost or number lost.
In the usual companyrse of events plaintiff entered into an agreement with M s. SAN I. Mining Company at Taiwan to export Feldspar and to companyplete the agreement between the parties the plaintiff entered into an agreement with said to be defendants ship disponent owner, to export the cargo of Feldspar from Tuticorin harbour to Taiwan.
The factual element we will refer shortly here after but presently be it numbered that against the refusal to entertain the suit and the companysequent dismissal of the same before the learned trial judge, the plaintiff moved the appellate forum in the High Court but having failed to obtain the relief the petition for special leave under Article 136 has been moved before this Court and this Court at the admission stage itself upon issuance of numberice and upon the grant of leave as appears herein before proceeded to deal with the issue without much of procedural formalities.
The plaintiff being the appellant herein instituted a suit for recovery of damages of 11 lakhs for breach of companytract with interest at the rate of 24 per annum by reason of loss and damages suffered and caused by breach of companytract by the defendant vessel.
Issuance of warrant for the arrest of the vessel M.V. WON FU berthed at Madras Port has been the principal companytroversy before the Madras High Court in its Admiralty Jurisdiction.
BANERJEE,J. Leave granted.
CGO TB loaded in unobstructed main hold only Demurrage USS 4000.00/DHD Vis be Agents Owners Agents be Disponent owners Charterers TAIYO Senpaku Kaisha Ltd. Manager Takahashi, Managing EPOCH Entrepots Director Suguna Apartments 12 A, Lloyds Road, Madras 600 014 On the factual matrix the learned Senior Advocate Mr. ATM Sampath rather emphatically companytended that the companytract stands companypleted by the signing of the fixture numbere and the plaintiff has also acted in terms therewith by exporting stock 8400 MT of Feldspar to Taiwan through the defendants vessel on 26.10.1995.
It has been the companytention that the defendants ship has failed to act in terms of the fixture numbere by reason wherefor the plaintiff has number been able to send the cargo to the purchaser as per the schedule thus exposing the plaintiff to suffer a loss of 11 lakhs by reason of a deliberate act of default to ship the cargo on the vessel.
