1. This is an appeal against the Order of Vimadalal, J. dt. 18th September 1970 passed by him on the Notice of Motion dated 14th August 1970 dismissing the Notice of Motion.

2. The suit in which the Notice of Motion was taken out was filed on 5th June 1969. The plaintiffs are a company carrying on business in Fertilizers. There are three defendants to the suit. It is stated in the plaint that the first defendant is a body corporate controlled by and/or is a department of the second defendant. The second defendant is the German Democratic Republic. The third defendant is a Bank and is not directly concerned in the Notice of Motion. The plaintiffs entered into two contracts in writing with the first defendant for sale and supply of certain goods as more particularly mentioned in the two contracts. It is stated in the plaint, as also in the main contracts, that the same were within the frame work of the Trade Agreement dated 18th December 1959 between the Government of the 2nd defendant and the Government of India. It is further averred in the plaint that there was an implied term of each of the two contracts that any agreement which may subsequently be arrived at between the G