JUDGMENT :

1. Plaintiff carries on business, interalia, as manufacturers, importers and suppliers of Bulk Material Handling Equipments and Transmission Equipments. Plaintiff settled the suit with defendant nos.1 to 7 and pursuant to an order dated 30-1-2013, has withdrawn the suit against defendant nos.1 to 7. There is nothing on record against defendant no.8 and I do not see they having even entered appearance. Anyway plaintiff, after 30-1-2013, has and is pursuing the suit only against defendant no.9, who henceforth is referred to as defendant. Defendant, who was original defendant no.9, is an Insurance Company, who had covered a consignment which plaintiff was importing. Defendants originally were :

(i) defendant no.1 - motor vessel- Rickmers Dubai (vessel that carried the cargo),

(ii) defendant no.2 – Bibi Shipping (that owned/chartered defendant no.1 vessel),

(iii) defendant no.3 - Rickmers Linie GmBH & CIE KG Hamburg (carrier that issued the Master Bill of Lading),

(iv) defendant no.4 - United Liner Agencies of India Pvt. Ltd. (Agent of defendant no.3 in India),

(v) defendant n