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The foreign sea going vessel M. V. Taxiarchies Sierra Limsol, hereinafter referred to as the Vessel, was lying under arrest at Haldia, outside the jurisdiction of this Court.

It is alleged that on 7th September, 2006, at around 11.30 A.M. the said vessel violently collided with the Nazirgunge Ferry System, causing extensive damage to the said Ferry System as also to the motor launch M. V. Jalajatra, anchored at the said ferry system.

According to the petitioner on 7th September, 2006 the petitioner addressed a letter to the Director, Marine Department of the Kolkata Port Trust and requested him to cause an enquiry into the loss and damage to the jetty.

By a letter dated 7th September, 2006, the Director, Marine, Kolkata Port Trust informed the petitioner that the vessel was responsible for damage to the jetty and the launch, and therefore, liable to pay the costs of repair of the jetty and the launch as well as re-commissioning of the jetty.

The petitioner, thereafter, took up the matter with the Master of the vessel. On the request of the owners of the vessel, Octavia Trading S.A. of Piracus, Greece, reputed Marine Surveyors, Salvage Association, carried out an inspection of the wreckage on 21st December, 2006 and submitted a report.

Mr. Deb appearing in support of the application, relied on the observations made by this Bench in its order dated 17th August, 2007 and submitted that the presence of Kolkata Port Trust was essential for deciding the question of liability for the loss or damage, if any, to the jetty system, as also the launch referred to above.

Mr. Deb submitted that under Order 1 Rule 10(2) the petitioner could add, as defendant in the suit, any party which should have been impleaded as defendant in the suit.

In this case, the subject matter of the suit are the jetty and the launch of the petitioner to which damage had been caused, and the vessel from which the plaintiff is seking to recover damages. Kolkata Port Trust has no direct interest in either.

Mr. Banerjee appearing on behalf of the Kolkata Port Trust, on the other hand, submitted that the Kolkata Port Trust was not a necessary party to the suit. The Admiralty Suit was a suit in rem and the addition of Kolkata Port Trust is party to the suit would change the entire complexion and/or nature and character of the suit.