( 1 ) THE case of the plaintiff in this admiralty suit is based on a claim for damages. The case is that the ship M. V. Lima-I carried the Cargo belonging to the plaintiff and she reached the sandheads on 1-4-2001 and was berthed on 9-4-2001. Thereafter, on or about 14-4-2001 at the Haldia Port the discharge of cargo commenced and was continued on diverse dates. Ultimately, the discharge of cargo was completed on 27-4-2001.

( 2 ) IT is not in dispute that the entirequantity of cargo was discharged and taken delivery of by the plaintiff.

( 3 ) THE cargo in this case is a kind of fertilizer and its effective use demands that its moisture content must remain very low and within a specified level. According to the plaintiff, such moisture content cannot exceed 0. 5%.

( 4 ) BUT in the plaintiff's cargo, which she carried, at the time of discharge, the moisture content exceeded more than the prescribed limits.

( 5 ) IN order to make out this case, the plaintiff mainly relied on three survey reports and some other documents and contended that as a result of this excessive moisture content, the cargo cannot be put to any use and the plaintiff's property in the cargo h