JUDGMENT:

. By this Notice of Motion, the Applicant (original Defendant No.1) prays for release of 20,000 MT of salt kept as a security and lying at an open yard at Kutch in Gujarat in lieu of arrested cargo laden / to be laden on board the vessel M.V. SHENG CHENG HAI at Kandla Port in Gujarat in the present admiralty suit, and for damages towards expenses incurred by the Applicant for storage of the goods. The notice of motion is on the basis that the arrest order obtained in respect of the cargo, for release of which this security is kept, is wrongful.

2. The short facts of the case may be stated as follows :

The Plaintiff is a company based in Singapore, carrying on business of chartering of vessels. Defendant No.1 is a salt trader and exporter, whereas Defendant No.2 is said to be cargo of 20,000 MT of industrial salt laden/to be laden on board a particular vessel, namely, M.V. SHENG CHENG HAI. The Plaintiff's claim in the present admiralty suit arises out of a voyage charterparty agreement between the Plaintiff (as owner) and Defendant No.1 (as charterer) for carriage of salt by the vessel, M.V. PACIFIC PIONEER, from the load port of Kandla to the discharge port of Chittagong. Th