( 1 ) THESE two appeals filed by defendants 1 and 2 and the defendant No. 3 respectively against the judgment and decree in O. S. No. 25 of 1971 on the file of the learned District Judge, Visakapatnam, involve the interpretation of Sections 42 and 43 of the Major Port Trusts Act, 1963, hereinafter referred to as the Act as well as the construction of Section 120 of the said Act.

( 2 ) THE Union of India field the above suit for recovery of a sum of Rs. 74,216-65 Ps together with interest thereon at 6 per cent per annum form the date of the suit till the date of realization against (1) the Shipping Corporation of India Limited, Bombay, represented by their agents; (2) Messrs. A. V. Banorirao Garuda Pattabhiramayya and Company, Visakapatnam and (3) The Board of Trustees for the Port of Visakhapatnam by its Chairman. According to the plaintiff a consignment of 81,632 bags of Ammonium Phosphate with 817 spare bags was received on Board S. S. Viswakirti owned by the first defendant at the Post of Pascagoula, Mississippi, U. S. A. , on 28-8-1966 and under a Bill of Lading of the same date thereunder the first defendant agreed to deliver the said goods to the consignee na