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1949 Supreme(Bom) 5

BHAGWATI
Prince Line Ltd. – Appellant
Versus
Trustees of the Port of Bombay – Respondent


Advocates:
A.C. Beynon and Y.B. Rege - for Plaintiffs. M.M. Jhaveri and K.A. Somjee (for Nos. 1 and 2) and T.P. Korani and S.T. Desai (for No. 3) - for Defendants.

Judgement

FACTS :- The Prince Line, Ltd., (plaintiffs), were the owners of a Twin Screw Motor Vessel Eastern Prince which in the course of one of its voyages arrived in Bombay on 3rd March 1943, and was on 20th May 1943, berthed along side quay No. 1 Alexandra Docks belonging to the Trustees of the Port of Bombay, defendants 1. The vessel was berthed there until 25th May 1943, when on the evening of that date about 7.26 p.m. a fire broke out on the quay originating in certain drums which were lying on the quay close to the after starboard side of this vessel. As a result of this fire a damage was caused to the plaintiffs vessel, its tackle, fittings, furniture and appurtenances. The master of the vessel gave immediate notice to defendants 1 and 2 and also got the damage surveyed by Lloyds surveyor on 27th May 1943. The Lloyds surveyor made his report on 7th June 1943, specifying the damage and the repairs which were necessary to the vessel. The repairs were carried out under the supervision of the Master and the Lloyds surveyor as also Turner Morrison and Co. Ltd., who were the agents in Bombay of the plaintiffs. Rs. 12,357 were the aggregate incurred for the repairs and Rs. 225 wer













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