JUDGMENT- M.L. PENDSE, J.:-This is an appeal preferred by original plaintiffs to challenge judgment dated February 5, 1990 delivered by learned Single Judge in Admiralty Suit No.8 of 1980. By the impugned judgment the learned Judge held that the Admiralty Court had no jurisdiction to entertain and try the suit and thereupon the plaint was returned for presentation to the proper Court, that is this Court under its Ordinary Original Civil Jurisdiction. The facts which gave rise to filing of the suit are as follows.

2. The appellants-plaintiffs are private limited company incorporated under the Companies Act and inter alia carry on business of import and export. Respondent No.1 is a vessel flying U.S.S.R. Flag and respondent No.3 are the owners of the said vessel. Respondent No.2 are the general agents in Bombay and elsewhere in India in respect of respondent No.1 vessel as well as other vessels belonging to respondent No.3. Respondent 2 as the general agents of respondent No.3 are responsible for all matters concerning respondent No.1 vessel.

The plaintiffs had imported 1360 bags of High Density Polythene Moulding Powder in three containers from M/s George Woollock Allan, United States of America. The three containers bearing distinctive marks containing 160 bags, 600 bags and 600 bags were entrusted to defendant No.3 by the shippers to be shipped and delivered to the plaintiffs in Bombay by the 1st defendant vessel. The necessary bill of lading dated June 4, 1979 was issued by and in the name of defendant No.1 vessel Nikelay Maksinov. The bill of lading clearly gives the description of the containers, their number and quality. Out of the three containers only one container was loaded on board defendant No.1 vessel and that container carrying 160 bags was carried by defendant No.1 vessel to the Port of Naples. The container was then transhipped from defendant No.1 vessel and loaded on another vessel M.V. Inzhewer Yamburenko belonging to defendant No.3, and carried to Bombay Port. The vessel arrived at Port of Bombay on August 7, 1979 and discharged the container. The plaintiffs filed bill of entry for all the three containers on August 8, 1979 and thereafter paid the customs duty. The customs duty paid was Rs.1,47,087.65. The plaintiffs thereafter found out that only one container was delivered vessel INZHEWER YAMBURENKO. The plaintiffs thereupon made enquiries and learnt from defendant No.2 that the remaining two containers were brought by the same vessel and unloaded in Bombay Port in the last week of September 1979. The plaintiffs approached the authorities to take delivery and the Customs authorities demanded full duty on the three containers afresh. The plaintiffs were compelled by pay the duty all over again for clearing the three containers. The duty paid by the plaintiffs on second occasion was Rs.1,30,769.40. The duty was refunded to the plaintiffs after about nine months and the plaintiffs claim that they had lost interest on the said amount to the tune of Rs.11,700/-. The plaintiffs were also required to pay the demurrage and wherefage charges amounting to Rs.99,791.09. The plaintiffs claimed that the containers were lying exposed to the elements in Dock for several months and suffered in quality. About 100 and odd bags were badly damaged and several bags were pilfered from the Docks. The plaintiffs claimed damages to the tune of Rs.1,00,000/-. The plaintiffs thereupon demanded total sum of Rs.2,11,491.09 from the defendants and on the defendants refusal to pay the same, instituted Admiralty Suit No.8 of 1980 on May 12, 1980 for realisation of the amount. In the meanwhile defendant No.1 vessel had arrived in Bombay Port and the plaintiffs sought relief for arrest of the said vessel together with gear, tackle, plant etc. for payment of the plaintiffs claim. The plaintiffs claimed that they are entitled to proceed against the 1st defendant vessel in rem.

3. Defendants filed their written statement and claimed that the Ad

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