- (1.) The case of the plaintiff in this admiralty suit is based on a claim for damages. The case is that the ship M.V. Lima-I carried the cargo belonging to the plaintiff and she reached the sandheads on 1.4.2001 and was berthed on 9.4.2001. Thereafter, on or about 14.4.2001 at the Haldia Port the discharge of cargo commenced and was continued on diverse dates. Ultimately, the discharge of cargo was completed on 27.4.2001.
(2.) It is not in dispute that the entire quantity of cargo was discharged and taken delivery of by the plaintiff.
(3.) The cargo in this case is a kind of fertilizer and its effective use demands that its moisture content must remain very low and within a specified level. According to the plaintiff, such moisture content cannot exceed 0.5%.;