K.R. SHRIRAM, J.

1. The issue that is raised in this Notice of Motion taken out on behalf of the applicant is whether a plaintiff could maintain an action only for recovery of pure economic loss independent of physical damage?

The case of the applicant simply put is that economic loss independent of physical damage is not recoverable on the ground that the applicant will be under no duty of care to the plaintiff and the loss will not be foreseeable and as a policy courts should not allow such claims. To decide this issue we have to see what the plaintiff is claiming in this suit.

2. Before I briefly narrate the plaintiff's claim in the suit, let us look at the particulars of claim annexed to the plaint.

EXHIBIT “R”

PARTICULARS OF PLAINTIFF'S CLAIM

Description Amount

1. Production Loss Rs. 12,28,72,520.00

2. Expenditure incurred in connection with salvage of the Defendant Vessel and legal proceedings in the High Court and Supreme Court Rs. 54,28,001.00

3. Total Rs. 12,83,00,521.00

4. Exposure for demurrage claims on account of detention of Vessels US $ 453,889.00

Total Claim = Rs.12,83,00,521+US $ 453,889.00

(Rupees Twelve Crores Eighty Three Lacs Five Hundred and Twenty One and US Dol