V.K.Gupta, J. - (1.) The appeal is directed against the judgment dated 19.11.99 passed by learned single Judge of this Court in Admiralty Suit No. 3 of 1999 whereby learned single Judge passed a decree for a sum of Rs. 32.00 lakhs in favour of Respondent No. 1 and against the appellant. The brief facts leading to the filing of the present appeal are as given herein below:
(2.) The appellant is the owner of ship 'MV-NELSON'. This Ship is a foreign Vessel registered in Monrovia, Liburia (Greece) and flies the flag of St. Vincent. The appellant is a Company incorporate under the Corporate Laws of Singapore and has its registered Office at Singapore. Respondent No. 2 Multimedia Maritime Private Limited was appointed as the Agent of the Appellant in respect of the Appellant's Ship's activities after its arrival in the Port of Calcutta. On 6th February, 1999 Respondent No. 2, as authorised by the Appellant engaged Respondent No. 1 to supply and place sufficient numbers of barges lighters alongside the Vessel 'MV-NELSON' at Sagar anchorage on and from 8th February, 1999 continuously and without any break in order to complete the discharge of part quantity of Cargo on board 'MV-NELSON' latest by 16th February '99 to enable the Vessel to achieve the dais's permissible draft on 16th February '99 so that the Vessel cruises the Hooghly River from Diamond Harbour and reaches the port of Calcutta. These barges were required for lighter age in respect of the aforesaid Vassel because the lighter the weight of the Vessel the easier for the Vessel to manoeuvre its way through the Hooghly River to reach the Port of Calcutta. On 6th February '99 accordingly a communication was sent by Respondent No. 2 acting on behalf of the Appellant to Respondent No. 1 containing therein the terms and conditions relating to the engagement of the barges. Since this letter is very relevant for our purposes, we reproduce herein below the entire text of the letter for ready reference. It reads as under :- "Multimode Maritime Private Limited Excellence in Shipping Services under one roof. Feb 06, 1999. Singhee Marine Services (P) Ltd. Marcantile Buildings, 9/12, Lal Bazar Street, "E" Block, (2nd floor), Calcutta-700 001. Dear Sirs, Re : MV. Nelson at Sauger. We refer to the discussion which the undersigned had with your Mr. Surender Singhee and are pleased to issue the work order herewith for supplying empty barges for more or less 3000 M. ton capacity to receive bagged peas to be discharged at Sauger Uncharged from above vessel under our Agency. The terms & conditions of the contact have been mutually agreed by both of us. 1.Rate of Barge Hire : Rs. 325.00 per metric ton (MTON) of charge weight including all relative charges. 2.Demurrage Free-Period : 15 days from the date of placement of each barges alongside the Vessel at Sauger only. 3.Demurrage for Barges : Rs. 10.00 per Metric ton of cargo weight after 15 days free time i.e. w.e.f. 16th day. It may be noted that the barge hire rate Rs. 325.00 MTON is inclusive of Towage of Barges from Saugor to Calcutta Dock (29 KPD). Such toll and over-stayal charges inside dock or in the river. Please ensure that the laden barges are towed upriver in Calcutta and placed at 29 KPD as seen as possible for clearance of charge without any delay. Royal Trading Co. are the charge receivers and will take delivery of cargo free of cost to you from the barges after doing the port and custom formalities against our local delivery orders. Labour, unloading or any relative charges to be absorbed by receivers, which please note. The vessel will discharge two grades of peas CHICK & DUN which are to be kept separately stored in the barges. Placement of Barges You are essentially required to place sufficient number of barges alongside the vessel at Sauger from Feb. 08, 1999 continuously and without break in order to complete discharge of engaged quantity latest by Feb16 at 0800 hrs to enable the Vessel to achieve the day's permissible draft to come upriver at Diamond Harbour on the same afternoon. In fine, we appreciate your extending the best co-operation for smooth & fact operation and would request you to keep the undersigned informed all development for any clarification, assistance or whatsoever. Thanking you in anticipation. Yours truly Sd/- Biplab Ray Director."
(3.) It appears that various disputes and differences arose during the course of the Lighter age of the Vessel, some of them relating to the barges lighters supplied by respondent No. 1. Respondent No. 1 accordingly filed a Suit being Admiralty Suit No. 3 of 1999 in this Court. In that Suit the respondent No. 1 filed an application claiming the following reliefs : "(a) Judgment upon admission for a sum of Rs. 32,00,000/- as stated in paragraph 26 hereof, against the Respondent No. 2 and 3. (b) In the alternative a decree for a sum of Rs. 36,00,927.00 on the basis of the compromise arrived at by and between the petitioner and the respondent Nos. 2 and 3 as stated in para hereof and/or the same be recorded and a decree be a passed in accordance therewith in favour of your petitioner for a sum of Rs. 36,00,000/- as claimed in paragraphs 26 and 27 hereinabove. (c) Further demurrage charges @ Rs. 35/- per M.T. per day from June 16, 1999 till the five barges are delivered to your petitioner after removing the charge there from. (d)Further interest. (e) Costs of this application be borne by the respondents. (f)Such further orders(s) or directions given as this Hon'ble Court may deem fit.";