( 1 ) THE plaintiff has instituted this suit on 11th January, 1988 for cancellation of annexure-'a' to the plaint, which is an undated notice issued by the defendant to the plaintiff holding the plaintiff responsible for damaging its coal-loader and requiring the plaintiff to accept liability in that respect and for the payment of the cost of repairs. The annexure 'a' contained an endorsement, also undated, made by the master of the vessel belonging to the plaintiff, accepting liability, "without prejudice to the extent of only loader being put in working order on turn-key basis".

( 2 ) THE facts of this case in short are that M. V. "chennai-Nermai" an Indian Ship, owned by the South Indian Shipping Corporation Ltd. Madras under charter to the Poompuhar Shipping Corporation Ltd. arrived in Haldia from Sandheads on 27th August, 1987 for loading coal from the Coal-Berth within the Haldia Dock Complex. The vessel was placed in the locks, and the berthing master boarded the vessel in the lock and proceeded to Coal-Berth with the assistance of two tugs. The wind speed was 24 knots and arrival draft of the vessel was reported by the master as 8 meters. The master