( 1 ) THIS is an application by the Shipping Corporation of India Limited, the defendant in the above suit for an order that the above suit be dismissed.

( 2 ) IT is the case of the petitioner that it appears from the plaint that the cause of action of the plaintiff is based on non-delivery and/or short landing of 28 pieces of tin-ingots stated to have been carried by the vessel, M. V. Vishava Madhuri (hereinafter called as the said vessel) under the Bill of Lading No. S/cal/5 dt. Jan. 7, 1984. According to the plaintiff, the said vessel arrived at the Port of Calcutta on Jan. 27, 1984 and that a Steamer Survey was conducted on Feb. 3, 1984 and upon such survey a quantity of 28 pieces of tin-ingots was found short.

( 3 ) IT is the further case in the plaint that the Calcutta Port Trust has issued a short landing certificate in the prescribed form on May 7, 1984 certifying that the 28 pieces of tin-ingots were short landed.

( 4 ) THE said vessel on that particular voyage sailed away from the Port of Calcutta on 28th Feb. , 1984 after discharging all her cargo. Under Act. III, R. 6 of the Hague Rules which is statutorily recognised in India by the appropriate legisla