BIMAL CHANDRA BASAK, A.C.SENGUPTA
SHAW WALLACE AND CO. LTD. – Appellant
Versus
NEPAL FOOD CORPORATION – Respondent
( 1 ) THIS is an application for stay in an appeal preferred against an judgement and order passed by the Trial Court. We shall shortly set out the facts of this case. However, as we are not hearing the appeal on merits at this stage, we shall not go into the facts in details.
( 2 ) THIS suit was filed by the plaintiff Nepal Food Corporation a body corporate established under the appropriate laws of Nepal and carrying on business at Kathmandu, Nepal, against one U. P. T. Imports Exports Ltd. , a company incorporated under the appropriate laws of Thailand and Shaw Wallace R Company Ltd. , an existing company within the meaning of the Companies Act, 1956 (the appellant herein ). In this suit, the plaintiff prayed for a decree for Rs. 1,26,38,951. 06 p: The said suit was filed for recovery of the said amount, inter alia, on the ground that the plaintiff delivered to the defendant No. 1, U. P. T. Imports Exports Ltd. , certain quantity of Nepal parabolied rice on board a vessel for carriage to the port of Penang, Malayasia, The said vessel was owned by the defendant No. 1. A Bill of Lading in respect thereof was issued by the appellant herein (the defendant No. 2) for
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