( 1 ) THIS is an appeal from an order of Banerjee J, dated the 7th June, 1962 summarily rejecting an application under Article 226 of the Constitution and refusing to issue a Rule Nisi.

( 2 ) THE appellant carries on business under the name and style of Narayan Timber Works at premises No. 67/23, Strand Road, Calcutta, as the sole proprietor thereof. The business consists, inter alia, in the sale and purchase of various kinds of timber and wood. In October 1961 the appellant entered into a contract with Scindia Steam Navigation Co. Ltd. for the purchase of unserviceable dunnage wood. The importation of dunnage wood was et the material time governed by a notification dated the 22nd October, 1960 issued under the provisions of the Sea. Customs Act, 1878. On 3rd October, 1961 the appellant received from the Scindia Steam Navigation Co. Ltd. respondent No. 4. a letter offering 15 torts of dunnage wood from its steamer "s. S. Jalakirti". The steamer S. S. Jalakirti entered the Calcutta Port on the 5th October, 1961. The appellant immediately contacted the officers of the Steamship Co. and requested them to take necessary steps for delivery of 15 tons of dunnage wood. On the