JUDGMENT

D.P. Mohapatra, J.-Leave granted.

2. The appellants herein are the owners and parties interested in the Vessel M.V. "Baltic Confidence" (for short the ship ). The 2nd respondent herein is the charterer of the said ship under the Time Charter Party Agreement entered between it and the appellants with effect from 8th of May, 1997. Five Bills of Lading all dated 26th May, 1997 were issued by the appellants wherein the respondent No. 2 agreed and undertook to carry on board the said ship 11,433.510 metric tonnes of Canadian Yellow Peas ("the peas" for short) from the Port of Vancouver in Canada to the Port of Calcutta in good order and condition. The respondent No. 1 herein is the holder and endorsee of each of the said Bills of Lading and the owner of the said stock of peas. The said respondent No. 1 filed Admiralty Suit No. 17, of 1997 in the High Court at Calcutta in its admiralty jurisdiction against the appellants and respondent No. 2 alleging inter alia that the defendants had negligently and in breach of the contract of carriage and/or breach of their duties as bailees, failed to deliver goods to the plaintiff in good order and condition; the defendants have delivere