SANJIB BANERJEE, J: –

1. The time-charterer of the vessel, who had furnished security to enable M.V. Eugenie to leave these shores, has applied for dismissal of the admiralty action on the principal ground that the plaintiff has no cause of action against the owners of the vessel and the plaint discloses none. Three ancillary grounds of challenge have also been maintained that need to be noticed after the basic facts are recorded.

The petitioning time-charterer, Vasteast International Pvt. Ltd. of Singapore, entered into a voyage-charter with Rainbow Sky Shipping Ltd for carrying the voyage-charterer’s cargo of 26,000 mt of iron ore fines from either Haldia or Paradip to the discharge ports specified in the charterparty. The plaintiff had entered into an agreement with Golden World Enterprise Ltd of Hong Kong for sale of 28,000 mt of iron ore at a price of US $ 84 per mt free on board. The Hong Kong buyer of the plaintiff’s goods was to arrange for a vessel to receive the cargo at the port of Haldia. The plaintiff had the cargo documents processed and filed the shipping bill for export of 16,500 mt of iron ore fines to be loaded on the vessel. It appears that the buyer ha