( 1 ) MESSRS. Czechoslovak Ocean Shipping International Joint Stock Co. is a non-resident shipping company. On or about the 23rd September, 1965, "m. S. Jiskara", one of its vessels, discharged in the port of Calcutta, under 6 bills of lading, cargo of machinery, equipment, instruments, etc. , consigned to the Heavy Engineering Corporation Ltd. , a Government of India undertaking, and to the Government Cement Factory of the State of Uttar Pradesh. The said vessel left the port of Calcutta on the 29th September, 1965, without loading any cargo. On the 12th November, 1965, another of its vessels, "m. S. Pionyr", discharged in the port of Calcutta, cargo of various machinery, equipment, etc. , consigned to the Heavy Engineering Corporation Ltd. and left the port on the 16th November, 1965, without loading any cargo. Under the relevant bills of lading the freight was to be considered as earned whether the ship and/or cargo was lost or not and was to be paid at destination. M/s. Khemka and Co. (Agencies) Private Ltd. , the second petitioner (hereinafter referred to as "the Khemkas") acted as the agent for the non-resident shipping company and collected Rs. 1,59,352. 66 to