1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.293 OF 2010 IN NOTICE OF MOTION NO. OF 2010 IN ADMIRALTY SUIT (L) NO.738 OF 2010 Madgavkar Salvage ...Appellants v/s Dredger SICAL PORTOFINO and anr. ...Respondents Mr S.U. Kamdar, Sr. Counsel i/b Mr Ashwin Shankar for Appellants. Mr D.D. Madon, Sr. Counsel with Mr Sunip Sen i/b M/s Bose and Mitra and Co. for Respondents. CORAM : D.K. DESHMUKH AND R.V. MORE JJ. DATE : 6TH MAY 2010. 2 P.C. :- 1] We have heard the learned counsel for appellants. The appeal is directed against the order dated 28th April 2010 passed by the learned Single Judge in notice of motion No. of 2010. The grievance is only against the observations made by the learned Single Judge in relation to claim clause (c). The discussion in that regard is to be found in paragraphs 7 and 8 of the order. The learned counsel appearing for appellants submits that the observations of the learned Single Judge that there is no clause in the agreement regarding payment of idle charges for delay in furnishing security. The learned counsel pointed out to us that there is a clause in the agreement which says that idle charges are payable when work is stopped due to delay in furnishing security. However, we do not find any averment in the plaint that the plaintiffs stopped work of salvage and did not work rendering the entire men and machinery idle during the period when security was not given. In our 3 opinion, in the absence of such averment in the plaint, no fault can be found with the order of the learned Single Judge. Appeal is therefore rejected. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. (JUSTICE D.K. DESHMUKH) (JUSTICE R.V. MORE)