A.N.Ray, J. - (1.) This is a suit for the recovery of Rs. 3,122-9-3. The defendant is a carrier of goods by sea. The defendant accepted for carriage by sea under bill of lading No. 17 dated 22-11-1950, 28,710 Mds. i.e. 1,054 32/49 tons of crushed salt and agreed with the consignor of the said goods Messrs. Varasuki and Co. to carry the said goods from Tuticorin to Calcutta by S. S. Jagrani and to deliver the same to the holder of the bill of lading at Calcutta.
(2.) On or about 2-12-1950 the said steamer arrived at the port of Calcutta. The relevant notice of readiness for discharge of the cargo was accepted by the plaintiff at 10 a.m. on 4-12-1950 and the time for discharge commenced to count from 10 a.m. on 5-12-1950 in accordance with the aforesaid bill of lading. Under the bill of lading the time allowed to discharge 1,734 1/4 tons i.e. the total quantity of salt carried by the said vessel from Tuticorin to Calcutta, calculated at the rate of 300 tons per 2 hatches per Weather Working Day was 5 days 18 hours 44 minutes. Therefore the period allowed to discharge the cargo of 1,734 1/4 tons of salt expired at 4.44 a.m. on 12-12-1950. Out of the total cargo of 1,734 1/4 tons of salt the plaintiff was the consignee of 1,054 32/49 tons and Messrs. Satnarayan and Co. were the consignees of 679 29/49 tons of salt.
(3.) The discharge of the aforesaid quantity of 1,734 1/4 tons of salt was completed at 1.30 a.m. on 6-12-1950. The unloading and discharge of the said cargo was therefore completed 5 days 3 hours 14 minutes before the time allowed to discharge the cargo expired and the time saved in discharging the cargo was therefore 5 days 3 hours and 14 minutes of running days. In the circumstances a total sum. of Rs. 5,134-11-0 became due and owing by the defendant to the consignees of the said cargo viz. the plaintiff and the said Messrs. Satnarayan and Co. as and by way of dispatch money in terms of the aforesaid bill of lading.;