CALCUTTA PORT TRUST AND ORS. Vs. THE OWNERS AND PARTIES INTERESTED IN THE 5395.714 M.T. OF NITRATE BANZENE OFF LOADED FROM M.T. YVONNE

JUDGEMENT

(1.) The facts in this case which are not in dispute may shortly be stated as follows:-

(2.) The case in the plaint is, inter alia, that the cargo being Benzene of nitration grade was highly volatile, inflammable and was "dangerous petroleum" within the meaning of the Petroleum Act, 1934. On account of the seasonal high temperature, it is alleged that the tanks and holds of the Tanker had become full of gas and there was an imminent hazard of fire and explosion.

(3.) It is alleged that while at Diamond Harbour the Tanker had broken her anchorage cable. She had drifted and/or was so negligently managed that she had come to the edge of the Diamond Sands and ran the risk of running a ground and breaking herself apart. The cargo suffered further risk of fire and explosion as naked flames were being exposed on board.