( 1 ) THIS is an application for stay of a suit under a clause contained in a bill of lading reading "any dispute arising under this bill or lading is to be decided in Sweden according to Swedish Law. "

( 2 ) THE dispute relates to a shipment of 1034 bundles of M. S. Flats shipped by A. B. Cottrain of Stockholm, Sweden on April 28, 1956. The goods were loaded at Gothenburg in Sweden on the ship "kyoto" belonging to the Swedish East Asia Co. Ltd. , described in the plaint as a limited liability company incorporated under the appropriate laws of Sweden and having its office at Gothenburg in Sweden outside the jurisdiction of this court and carrying on business through its agent United Liner Agencies of India (Private) Ltd. at No. 18, Brabourne Road, Calcutta within the jurisdiction of this court. The bill of lading is dated April 28, 1956. The ship reached Calcutta within a few weeks thereafter. The plaintiffs complaint is that it received only 1020 bundles out of the consignment and the defendant failed and neglected to deliver the balance of 14 bundles of M. S. Flats. The plaintiff claims to be the endorsee of the bill of lading which contains the usual clause wit