( 1 ) THIS is an application on the part of Messrs. Lloyds Triestino Societa Per Azinni di Navigazione Sede in Triesta, defendant No. 1 herein for stay of a suit.

( 2 ) THE suit was filed on June 8, 1957 by Messrs. Lakshminarayan Ramniwas, a firm carrying on business at 18, Netaji Subhas Road, Calcutta, against the said Steamship Co. , described in the cause title of the plaint as carrying on business through their agents Messrs. Turner Morrison and Company (Private) Ltd. , and the Commissioners for the Port of Calcutta. The plaintiff claims to be an endorsee of several bills of lading issued by the defendant No. 1 in March, 1956 for certain consignments of Mild steel round bars to be transported from Genoa (Italy) to Calcutta. The said consignments reached Calcutta in "s. S. Alga" on May 22, 1956 and it is alleged in the plaint that on delivery of the goods being taken through the plaintiff's clearing agents in June, 1956 it was found that 22 bundles of rods were short landed and a certificate to that effect was issued by the Commissioners for the Port of Calcutta. By reason of such short delivery the plaintiff claims compensation to the extent of Rs. 15,154/6 n