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1957 Supreme(Cal) 3

P.B.MUKHARJI
BAJRANG ELECTRIC STEEL CO. PRIVATE LTD. – Appellant
Versus
COMMISSIONERS FOR THE PORT OF CALCUTTA – Respondent


Advocates Appeared:
A.C.BHABRA, A.C.Ganguly

P. B. MUKHARJI, J.

( 1 ) THIS is an application by seven per sons" (1) Leonard Henry George Mazotti, (2) Henry Twiggs Tribble, (3) Kenneth Lloyds Lancashire,. (4) Percy Frederick Cannier, (5)-William Lenson Arnold Derby, (6) Leonard Ernest Hart, and (7) Anthony Eugine Myddelton Gale under the Indian Arbitration (Protocol and Convention) Act of 1937. It invokes Section 3 of the Indian Arbitration (Proto col and Convention') Act of 1937 for stay of a pend ing suit in this Court.

( 2 ) THE matter relates to an Arbitration Agreement said to be contained in the Policy of Marine Insurance dated the 1st April, 1953 issued in favour of Metemicals Ltd. , by Lloyds underwriters to cover certain risks for shipment.

( 3 ) IN this application the petitioners want to stay the suit No. 1337 of 1956 instituted in this Court oh or about the 16th May, 1956.

( 4 ) I have come to the conclusion that this application must fail on many grounds.

( 5 ) MY first reason is that this suit was instituted by the plaintiff Shree Bajrang Electric Steel Co. Private Ltd. , the respondent to this application, against four different defendants of which Lloyds Underwriters are the third defendant. I, therefore,







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