JUDGMENT :

BHARGAV D. KARIA, J.

1. Heard learned advocate Ms. Paurami Sheth for the plaintiff and learned advocate Mr. Shashvata Shukla appearing on behalf of learned advocate Mr. Tirth Pandya for the defendant.

2. Learned advocate Ms. Sheth submitted that the Plaintiff had entered into Bare Boat Charter dated 12.01.2019 with the owner of the Defendant Vessel, Nand Aparna and Nand Ananya. As per the agreement, the Plaintiff was to pay in all Rs. 4,00,00,000/- on behalf of the Defendant Vessel owner towards crew wages earlier appointed by the owner and expenses for dry dock of all three vessels, which amount was to be adjusted against the charter hire payable by the Plaintiff to the owner. The Plaintiff has maintained the account in the name of the owner, Simcement Private Limited, Mumbai. The Plaintiff paid in all a sum of Rs. 4,39,90,331/- towards crew wages and dry dock expenses. The Plaintiff further spent for Insurance Premium and fuels to the tune of Rs. 14,85,643/- and Rs. 15,35,665/- respectively. Thus the Plaintiff has in all spent Rs. 4,70,11,639/- on behalf of the Defendant Vessel as well for Nand Aparna and Nand Ananya. As against that the plaintiff is required to pay Rs. 3