JUDGMENT - Chagla, C.J.

1. These are two appeals from two orders passed by Mr. Justice Coyajee. One is on a notice of motion taken out by the appellants, who are the defendants in a suit, filed in Bombay, being suit No. 284 of 1953, for an order under Section 10 of the Civil Procedure Code staying the suit on the ground that they had filed a previous suit on the same cause of action in the Calcutta High Court. The other is on a notice of motion taken out by the plaintiffs in suit No. 284 of 1953 for an order restraining the appellants and the defendants from proceeding with the suit which they had filed in the Calcutta High Court. Mr. Justice Coyajee dismissed the appellants notice of motion for stay, and on the notice of motion taken out by the respondents he made an order restraining the appellants from proceeding with the suit filed by them in the Calcutta High Court.

2. Now, a few facts might be stated. A contract was entered into between the parties by which the appellants agreed to sell to the respondents 10,000 tons of Iron ore of Indian origin. The formal contract is dated August 19, 1952, and the period of delivery stipulated in the contract is between the months of October

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