A.K.Banerjee, J. - (1.) The plaintiff purchased 20,000 MT of Sugar on high seas sale contract on the basis of diverse bills of lading issued by Cargill International S.A. for and on behalf of Master of the vessel M.V. Wise King. When the ship arrived at sandheads on 23rd November, 1999 at Kolkata on a survey it transpired that the goods had been damaged to the extent of 926.05 MT valued at Rs.1,38,90,750.00. There had been short delivery to the extent of 300 MT valued at Rs.45.00 lacs. The plaintiff therefore filed the above suit claiming a decree for Rs.1,83,90,750.00 for loss and damage as against the vessel M.V. Wise King and applied for arrest. The vessel was initially arrested. M/s. Wise King Meritime Limited and Unwise Company INC claiming to be the owner and disponent owner of the vessel M.V. Wise King applied for release of the vessel and the vessel was released on a guarantee being furnished for the claim of the plaintiff. Such guarantee was furnished in favour of The Registrar, Original Side, High Court. The suit was filed on or about 21st January, 2000. The ship was arrested by an order dated January 24, 2000. The order of release was passed on January 31, 2000.
(2.) The present application was made by M/s. Wise King Meritime Ltd. and Uniwise Company INC on 9th May, 2001 inter alia praying for reference of the disputes involved in the suit to arbitration in terms of the arbitration clause contained in the charter party which was binding upon the parties by way of an incorporation clause embodied in the bills of lading. This application was kept pending since then after completion of affidavits. The matter thereafter appeared before the Court when the same was brought along with other pending matters at the instance of the Court.
(3.) The said application was heard by me on the adjourned dates.;