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HELLENIC LINES, LTD. v. EMBASSY OF PAKISTAN

November 14, 1969

HELLENIC LINES, LIMITED, Plaintiff,
v.
The EMBASSY OF PAKISTAN, Defendant. The EMBASSY OF PAKISTAN, Plaintiff, v. HELLENIC LINES, LIMITED, Defendant


Bonsal, District Judge.


The opinion of the court was delivered by: BONSAL

BONSAL, District Judge.

In this action, *fn1" tried before the court on June 30, and July 1 and 2, 1969, plaintiff Hellenic Lines, Limited, a Greek limited liability company operating vessels in the liner trade between the United States and Pakistan, seeks damages for detention of its vessels. The alleged detention arose in connection with twenty-four shipments of grain by defendant, the Embassy of Pakistan, aboard plaintiff's vessels, beginning in early 1958, from ports in the United States to Karachi in West Pakistan, and Chittagong and Chalna in East Pakistan. *fn2" The shipments were made pursuant to negotiable bills of lading issued in Louisiana and Texas, and freight contracts or booking notes entered into in New York and Washington, D.C.

 A brief summary of each of the voyages follows:

 I. S/S HELLENIC SKY:

 The HELLENIC SKY arrived at Karachi on April 18, 1958, at 1930 hours; the next working shift began on April 19 at 0730 hours, but she was not berthed until May 5, 1958, at 1530 hours. Discharge began on May 5, 1958, at 1900 hours, and was completed on May 13, 1958 at 1530 hours.

 II. M/V MAAS:

 The MAAS arrived at Chittagong on October 26, 1959 at 1300 hours; the next working shift began at 2000 hours. She was not berthed until October 28 at 1020 hours, and discharge of the bulk wheat cargo began at 1030 hours. Delay in discharge was caused by fixing of a derrick, lack of railway wagons, shunting of railway wagons, some by hand, lack of barges, shifting of barges, absence of tally clerks, tardiness of a member of the food department, and by rain. Discharge was completed on November 8, 1959 at 1030 hours.

 III. M/V HELLENIC HERO:

 The HELLENIC HERO arrived at Chittagong on November 19, 1959 at 1020 hours, and was berthed at 1545 hours. The next working shift was at 2000 hours, and discharge began at that time. Delay in discharge was caused by a shortage of railway wagons, shunting of railway wagons, some by hand, an inoperative winch, inoperative shore cranes, wagons out of position, and by the changing of, late arrival of, and absence of tally clerks. Discharge was completed on November 30, 1959, at 1730 hours.

 IV. M/V HELLENIC GLORY:

 The HELLENIC GLORY arrived at Chittagong on December 3, 1959, at 0900 hours; the next working shift began at 2000 hours. She was berthed on December 4, 1959, at 1535 hours, and discharge of the bulk wheat cargo began at 2000 hours. Delay in discharge was caused by a shortage of railway wagons, delay in placing bags aboard the vessel, a derrick out of position, hand shunting of railway wagons, interference of the general cargo with the work, lack of barges, late arrival of a barge loader, shortage and replacement of bags, and by rain. Discharge was completed on December 15, 1959 at 1500 hours.

 V. S/S HELLENIC BEACH:

 The HELLENIC BEACH arrived at Karachi on March 1, 1960, at 1015 hours; the next working shift began at 1930 hours. She was not berthed until March 3, 1960, at 1615 hours, and discharge of the bulk wheat cargo began at 2100 hours. Delay in discharge was caused by shortage of bags and railway wagons, and by shunting of railway wagons. Discharge was completed on March 8, 1960 at 1500 hours.

 VI. S/S HELLENIC SPLENDOR:

 The HELLENIC SPLENDOR arrived at Chittagong on March 17, 1960, at 0940 hours. She was berthed at 1415 hours; the next working shift began at 2000 hours, and discharge began at 2140 hours. Delay in discharge was caused by lack of customs officials or members of the food department, late arrival of tally clerks, lack of railway wagons, a broken partition, the food department's order that discharge be stopped, shifting of barges, hand shunting of railway wagons, lack of barges, and a master's order. Discharge was completed on March 27, 1960 at 1240 hours.

 VII. M/V HELLENIC SPIRIT:

 The HELLENIC SPIRIT arrived at Chittagong on May 19, 1960, at 0745 hours; the next working shift began at 2000 hours. She was not berthed until May 24, 1960 at 1230 hours, and discharge began at 1400 hours. Delay in discharge was caused by lack of wagons, hand shunting of wagons, an inoperative crane, an inoperative winch, and by rain. Discharge was completed on May 31, 1960 at 1130 hours.

 VIII. S/S HELLENIC DESTINY:

 The HELLENIC DESTINY arrived at Chittagong on September 23, 1960, at 0830 hours; she was not berthed until September 26, 1960, at 1700 hours. Discharge began on September 27, 1960, at 2000 hours. Delay in discharge was caused by break periods, out of position lighters and railway wagons, inoperative cranes, shunting of railway wagons, lack of railway wagons, and by rain. Discharge was completed on October 9, 1960, at 0230 hours. The cargo discharged was both bagged flour, which was to be discharged by the vessel, and bulk wheat.

 IX. S/S HELLENIC SPLENDOR:

 The HELLENIC SPLENDOR reached Chalna on March 24, 1961, at 1815 hours; the next working shift began at 0800 hours. Discharge began on March 26, 1961, at 0700 hours. Delay in discharge was caused by fixing of derricks, lack of lighters, late arrival of the labor launch, replacement of barges, lack of barges, lateness of barges, shifting of barges, a barge's refusal to take a tally clerk aboard, late arrival of labor, rough weather, and rain. Discharge was completed on April 7, 1961, at 2200 hours.

 X. S/S HELLENIC DESTINY:

 The HELLENIC DESTINY arrived at Chittagong on March 16, 1961, at 2000 hours; the next working shift began on March 17, 1961, at 0800 hours. She was berthed at 1400 hours, and discharge began on March 19 at 2000 hours. Delay in discharge was caused by lack of lighters, shifting of the vessel, lack of railway wagons, break periods, a holiday, failure to obtain boat licenses, and by rain. Discharge was completed on March 30, 1961, at 0300 hours.

 XI. M/V HELLENIC TORCH:

 The HELLENIC TORCH arrived at Chittagong on July 14, 1961, at 0730 hours; the next working shift began at 2000 hours. She was berthed on July 15, 1961, at 1400 hours, and discharge began on July 16, 1961 at 0730 hours. Delay in discharge was caused by lack of railway wagons, shunting of railway wagons, the absence and tardiness of port staff and tally clerks, fixing of a derrick, shifting of the vessel, and by rain. Discharge was completed on August 5, 1961, at 1730 hours.

 XII. M/V HELLENIC SAILOR:

 The HELLENIC SAILOR arrived at Chittagong on September 28, 1961, at 1355 hours; the next working shift began at 2000 hours. She was not berthed until October 5, 1961, at 1130 hours, and discharge then began at 1330 hours. Delay in discharge was caused by lack of railway wagons, absence of a tally clerk, partitioning in the hatch, shunting of railway wagons, and the late arrival of a barge. Discharge was completed on October 10, 1961, at 1000 hours.

 XIII. M/V HELLENIC HERO:

 The HELLENIC HERO arrived at Chittagong on October 15, 1961, at 1045 hours; the next working shift began at 2000 hours. Discharge began at the anchorage on October 17, 1961, at 1500 hours, and was completed on October 18 at 0450 hours. She was then berthed at 0940 hours. Delay in discharge was caused by lack of railway wagons, and by rain. Discharge was completed on October 30, 1961, at 1100 hours.

 XIV. S/S HONG KONG EXPORTER:

 The HONG KONG EXPORTER arrived at Karachi on November 16, 1961, at 1330 hours, and was berthed at 1540 hours. The next working shift began at 1900 hours, and discharge of the bulk cargo began on November 17, 1961, at 0945 hours. Delay in discharge was caused by detention of cranes due to opening of hatches and beams, by shortage of railway wagons, and by shifting of cranes. Discharge was completed on November 23, 1961 at 1000 hours.

 XV. M/V HERLAND:

 The HERLAND arrived at Chittagong on December 3, 1961, at 0700 hours; the next working shift began at 0800 hours. She was berthed on December 4, at 1030 hours, and discharge began at 1330 hours. Delay in discharge was caused by fixing of derricks, loading of shifting boards, shunting of railway wagons, lack of railway wagons, and ...


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