OWNERS AND PARTIES INTERESTED IN THE VESSEL M V "BALTIC CONFIDENCE" Vs. STATE TRANDING CORPORATION OF INDIA LTD

JUDGEMENT

(1.) This appeal arises out of an order dated 10th November, 1998 passed in G.A. No. 709 of 1998 arising out of Admiralty Suit No. 17 of 1997 by a learned single Judge of this Court, the operative portion whereof reads thus:-- "Mr. Suhrid roy Chodhury, Barrister-at-Law is appointed Commissioner to ascertain the extent of the damage, if any, caused to the said cargo and as to whether the said damaged portion is unfit for human consumption and further determine and assess the value of the said damaged portion.

(2.) For this purpose, the Commissioner shall take oral and documentary evidence to be adduced by the parties and also take the assistance of the surveyors to be nominated by the plaintiff and the second defendant and whose remunerations shall be paid by them respectively.

(3.) The department is directed to issue the writ of commission to the Commissioner. The Commissioner shall file his return within six weeks from the date of this order. The Commissioner shall be entitled to the remuneration of 200 Gms. for each sitting which is to be shared by the parties equally at the first instance. The Commissioner will be entitled to appoint a clerk and a streno-grapher whose remunerations shall be fixed by him in consultation with the parties and the same shall be shared by the parties in equal shares at the first instance.