JUDGMENT

Banerjee, J.-Leave granted.

2. Issuance of warrant for the arrest of the vessel M.V. WON FU berthed at Madras Port has been the principal controversy before the Madras High Court in its Admiralty Jurisdiction.

3. The plaintiff being the appellant herein instituted a suit for recovery of damages of 11 lakhs for breach of contract with interest at the rate of 24 per annum by reason of loss and damages suffered and caused by breach of contract by the defendant vessel. The factual element we will refer shortly here after but presently be it noted that against the refusal to entertain the suit and the consequent dismissal of the same before the learned trial judge, the plaintiff moved the appellate forum in the High Court but having failed to obtain the relief the petition for special leave under Article 136 has been moved before this Court and this Court at the admission stage itself upon issuance of notice and upon the grant of leave as appears herein before proceeded to deal with the issue without much of procedural formalities.

4. Turning attention to a brief reference on to the factual score it appears that the plaintiff being a sole proprietor concern stands involved in t