Judgment

ALTAMAS KABIR, J.

1. This order is being passed at the stage of notice on the Special Leave Petition filed by Suchetan Exports P. Ltd., which was the Defendant No.1 in Special Civil Suit No.187 of 2011 filed by Gupta Coal India Limited, the Respondent No.1 herein.

2. Some of the facts disclosed in the Plaint and the Written Statement are not disputed. It is not disputed that on 12.4.2010, the Plaintiff and the Defendant No.1 entered into an Agreement for sale and purchase of South African Coal measuring 16,943 metric tonnes. The Plaintiff agreed to sell the said quantity of coal to the Defendant No.1 at US $111.75 per metric tonne. On 22.4.2010, the Plaintiff, i.e., the Respondent No.1 herein, entered into another High Seas Sale Agreement with the Defendant No.1/Petitioner herein. Clause 2 of the said Agreement provides that the Plaintiff/Respondent No.1 herein had imported 16,943 metric tonnes of Steaming Non Coking Coal in bulk of South African origin and had shipped the same on MV Novios Meridian arriving at Dharamtar Port, under Bill of Lading Numbers 2, 3 and 4, all dated 8.4.2010. Clause 3 of the Agreement provides that the Plaintiff had agreed to sell and the Defend