SATHISH NINAN, J.

The plaintiff in a suit for recovery of damages, return of money and other reliefs has filed this Appeal Suit challenging the portion of the decree against him. A Cross Objection has been filed by the defendant challenging that portion of the decree that went against them.

2. The defendant invited tenders for salvaging the sunken dredger, 'HSD Mattancherry'. The plaintiff was the successful tenderer. On 01.12.1990 agreement relating to the work was executed between the parties. As per the agreement, on completion of the work, the plaintiff becomes the owner of the wreck and Rs.13 lakhs is payable by the plaintiff to the defendant. The work was to be completed within a period of nine months. There was delay in completion of the work. According to the plaintiff, the delay occurred consequent to the furnishing of incorrect information by the defendant regarding the details of the vessel. Material details, especially regarding the heel of the vessel were not disclosed by the defendant. The vessel had a heel of approximately 50 to the starboard side. This defect was neither intimated to the plaintiff nor was disclosed in the tender papers. Information furnished