- (1.) The facts in this case which are not in dispute may shortly be stated as follows:- Motor tank vessely "Yvonne" (hereinafter referred to as "the Tanker") arived at the Port of Calcutta on or about the 4th January, 1970 and between the 12th and the 15th January 1970, 5395.714 metric tonnes of Benzene, nitration, grade (hereinafter referred to as "the cargo") was loaded in her for being shipped to Swansea, U.K. On or about the 21st January, 1970 the Tanker while berthed at Budge Budge was arrested under an order of this Court passed in Admiralty Suit No. 3 of 1970. On the 27th January, 1970, on an application of the Commissioners for the Port of Calcutta (hereinafter referred to as "the Commissioner"), in the said Admiratly suit, liberty was given to them to remove the Tanker to Diamond Harbour Explosive Anchorage or to any other suitable place. Pursuant thereto, on or about the 5th February 1970, the Tanker with her cargo was moved from Budge Budge and anchored at Diamond Harbour. On another application of the Commissioners made in the said Admiralty suit, an order was passed on the 3rd March, 1970, directing inter alia that in case the arrest of the Tanker continued thereafter beyond 10 days, the owners, the Master and the agents of the Tanker would unload the cargo and store the same. In default, the Detaining Officer appointed in the suit was directed to deal with the cargo as aforesaid and keep the same stored suitably. The said order dated the 3rd March, 1970 was varied on the 10th March, 1970 and the Director, Marine Department of the Port Commissioners was directed to deal with the cargo as aforesaid in place of the Detaining Officer. On the 23rd April, 1970, on another application of the Commissioner in the said Admiralty Suit, liberty was given to them to proceed against the Tanker for realisation of the amounts due from her under the Port Acts. Pursuant thereto the Commissioners took over the Tanker on the 25th May, 1970 and brought her back to the Budge Budge moorings on the same day. By the 29th May 1970, the cargo was off loaded and pumped into storage tanks at Budge Budge. The Tanker was ultimately sold by Receivers appointed in the said Admiralty suit and a sum of Rs. 2,12,084/41p. was paid to the Commissioners in full payment of the entire costs, charges and expenses incurred by them for the operation. The Commissioners for the Port of Calcutta ; Banwarilal Mital the Director, Marine Department of the Port Commissioners, Anadi Nath Chakrabartty, the Deputy Director, Marine Department of the Port Commissioners and one Mukund Kale respectively plaintiffs Nos. 1, 2, 3 and 4 herein, instituted this suit on the 11th September, 1970 against the owners and parties interested in the said cargo claiming, inter alia, reward and/or remuneration for salvage service rendered. The particular reliefs claimed in the plaint are, inter alia, judgment against the cargo for Rs. 10,82,915.59p, arrest and sale of the cargo and payment of the proceeds thereof to the plaintiffs in protanto to satisfaction of their claim; on enquiry into salvage remuneration or reward payable to the plaintiff, if necessary, and a decree for such sum.
(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.;