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On 12th May, 2016 a purported Notice of readiness was tendered on behalf of the said vessel by the agents, Sea Port Services Pvt. Ltd. alleging, inter alia, that the said vessel arrived at Sandheads (within the territorial limits of Budge Budge) on 11th May, 2016. The plaintiff petitioner contends that the said notice of readiness is invalid and has not been accepted by the plaintiff. Subsequently, the agent informed by an email dated 18th May, 2016 that the said vessel was expected to berth at Budge Budge Jetty on 19th May, 2016. The said vessel did not berth at Budge Budge Jetty on 19th May, 2016. The plaintiff may enquiries with the said agent about the delay in the arrival of the said vessel. The plaintiff was informed that the said vessel was suffered a breakdown of her main engine turbo charger on 19th May, 2016 and was undergoing repairs. The plaintiff made enquiries from time to time about the arrival of the said vessel but was informed that she was undergoing repairs of the main engine turbo charger and would berth shortly. After more than a month, on 22nd June, 2016, the said agent sent an email forwarding an email received from the Master of the vessel purporting to declare General Average. The plaintiff contends that the alleged breakdown of the main engine of the turbo charger of the said vessel was a result of a breach of duty by the defendant to exercise due diligent to make the said vessel seaworthy before and at the beginning of the voyage.

The defendant alleged that the defendant had incurred expenses for repairs of the main engine turbo charger and demanded for general average contribution as a condition precedent for release of the cargo. The defendant has refused to discharge and/or delivery of the cargo of the plaintiff carried under the said bills of lading if the plaintiff fails to furnish a General Average Bond in the form provided by the General Average Adjuster appointed by the defendant. The plaintiff contends that the expenses alleged to have been incurred by the defendant for repairs of the main engine turbo charger are routine expenses which have been incurred in the normal course of events of operating the said vessel. In any event, the alleged expenses have been incurred solely due to failure on the part of the defendant to exercise due diligence to make the said vessel seaworthy.