Dipak Kumar Sen, J.

1. STEEL Authority of India Limited, the plaintiff, has instituted this suit against Transworld Marine Limited and Messrs. Chowgule Brothers, the defendants Nos. 1 and 2 respectively, claiming, inter alia, decree for Rs. 50,59,365.48; interests and costs.

2. THE plaintiff's cause of action in the plaint appears to be that on or about the 13th June 1979 the plaintiff shipped a consignment of 434 pieces of mild steel plates on board the vessel "M. V. Chaofong" owned by the defendant No. 1, a company incorporated under the laws of Taiwan and (hereinafter referred to as the said vessel) for being carried from the port of Kachsiung, Taiwan to Calcutta.

On the 8th August 1979, the said vessel while proceeding towards the Port of Calcutta sank near the Sandheads at Diamond Harbour and the entire consignment of steel plates were lost. It is alleged that the vessel was unseaworthy and that there was lack of care for the cargo.

3. THE plaintiff alleges that the defendant No. 2 is the agent of the defendant No. 1 at Calcutta and gave out by conduct and implication to be liable and responsible for the acts of the defendant No. 1.

4. THE present application is by th