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Showing contexts for: Jetty damage in Birla Corporation Limited vs The Owners And Parties Interested In The ... on 18 December, 2017Matching Fragments
On December 13, 2017 at about 8.34 A.M. while proceeding to Kolkata Port the vessel collided violently with plaintiff's jetty on river Ganges, near its factory at Birlapur, causing substantial damage to the said jetty, as also the underlying water pipe lines. From the documents disclosed in this application, it appears that a joint inspection was carried out by the marine surveyors of both the plaintiff and the owners of the vessel. The report of the said surveyors indicate the extent of the damage caused by the vessel, to the plaintiff's jetty and the underlying water pipe lines. The plaintiff's surveyor has estimated the loss caused to the said jetty and the underneath water pipe lines to be of Rs. 10,25,00,000/-. In the suit the plaintiff has claimed for recovery of the loss suffered by it on account of its damaged jetty and the underlying water pipe lines. It has also claimed for recovery of the production loss of Rs. 10,00,000/- per day from December 20, 2017 onwards due to non-supply of water to its factory. In this background of facts, the plaintiff has invoked Section 7 of the Admiralty Courts Act, 1861, Section 443 of the Merchant Shipping Act, 1958 and Article 1(a) and (d) of the International Convention on Arrest of Ships, 1999 to file the suit for arrest of the vessel, MV Hermann Schepers to enforce its maritime claim against the said vessel.