JUDGMENT - F.I. REBELLO, J.:---The defendants who have been served have not yet filed their written statement. However, by the present Notice of Motion they have prayed that the suit be dismissed as barred under the provisions of Article III Rule 6 of the Indian Carriage of Goods by Sea Act, 1925. They have further prayed that consequent to dismissal, the Prothonotary and Senior Master be directed to return the original Bank Guarantee dated 3rd May, 1999.

2.Before considering the Notice of Motion, a few relevant facts may be adverted to. The Bill of Lading was issued at Mumbai on 23rd June, 1997. The ship arrived at the Port of Felixstowe on or about 19th July, 1997. The goods were delivered to the Consignees on 6th August, 1997. There are further averments that only a part of the goods were delivered by the Agents of the defendants through the Consignees and the balance of the consignment remained secured in a warehouse. The present suit is filed on 30th March, 1999. The suit is based on the ground that the original sole defendant and/or her agent wrongfully and fraudulently delivered the consignment without production of the original documents. Fraud was intentionally suppressed f

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