Dipak Kumar Sen, J. - (1.) On or about the 25th April, 1981 Mohamed Saleh Behbehari & Co. incorporated under the laws of the State of Kuwait instituted this suit against the Owners and Parties interested in the Vessel M.V. Notis also known as the "Broja Trader" (hereinafter referred to as the Vessel) in the Admiralty Jurisdiction of this Court claiming, inter alia, the following reliefs: (a) Judgment against the Vessel and each of her tackle, apparel and furniture for the sum of Rs. 15,47,688.24 P. (b) Arrest of and/or an order of appraisement of the Vessel and her tackle, apparel and furniture. (c) Sale of the Vessel and payment of the proceeds thereof to the plaintiff in protanto satisfaction of its claim. (d) Interim interest and interest on judgment at 18% per annum. (e) Costs.
(2.) The cause of action of the plaintiff in short is as follows : By and under a Time Charter dated the 19th January, 1981 the plaintiff hired the Vessel alleged to be a Greek Vessel flying Greek flag for reward for carriage of goods from Korea to Kuwait via Calcutta and Madras on stipulated terms and conditions.
(3.) It is alleged that in breach of the Charter-Party Agreement and the terms and conditions thereof the Vessel failed to sail on the stipulated date and could not maintain the stipulated speed of 12 knots per hour. Further and in breach of the said conditions the Vessel had a defective windlass, her Cargo Ship's safety Equipment Certificate expired on the 23rd November, 1980 and her Ship Safety Radio Telegraph Certificate expired on the 23rd January, 1981.;