JUDGMENT - KARNIK D.G., J.:—Heard learned Counsel for the parties. Learned Counsel submits that facts in both the suits and both the notice of motions are similar except change of dates and numbers of containers. It would therefore be, convenient to refer to the facts in Suit No. 3609 of 2003.

2. Plaintiff No. 1 is a shipping company. The plaintiff No. 3 was agent of the plaintiff No. 1 till April, 1995 and plaintiff No. 2 has been appointed as its agent since February, 1998. The defendant No. 1 is the Port Trust constituted under the Bombay Public Trust, 1879 and functioning under the Major Port Trust Act, 1963. The defendant No. 2 is shown as "Notify party/Intermediate consignee" in the relevant Bill of Lading. Mohammed and Nassari Co. WLL are consignors who shipped the goods (21 containers of steel scrap) through the defendant No. 1, to Mumbai Port under a Bill of Lading dated 26th June, 1993. Goods were to be delivered to the order of the shipper and name of the defendant No. 2 was only shown as "Notify Party"/Intermediate consignee" in the relevant Bill of Lading. In July, 1993 goods arrived at Bombay Port and were delivered by the plaintiff No. 1 to the defendant No. 1, Port T

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