PRABIR KUMAR MAJUMDAR, J.

( 1 ) THIS is an application of defendants Nos. 1 and 2 for rejection of the plaint in the suit against the said defendants and for dismissal of the suit against the said defendants.

( 2 ) THE plaintiff is National Insurance Company. On or about 9th June, 1983 the plaintiff has filed the suit against the defendants for a decree of Rs. 2,69,567. 75p. The defendant No. 1 is a ship owner incorporated under the appropriate laws of Rumania. The defendant No. 2 carries on business as agent of the Shipping Companies. The defendant No. 3 is Steel Authority of India which purchased 648 pieces of mild steel plates weighing 1459. 57 Kgs. from a Rumania Company. It has been alleged that on or about 17th Sept. 1981, the defendant No. 2 acting as agent of the defendant No. 1 agreed with the defendant No. 3 that the defendant No. 1 would carry the said goods from the Port of Galatz to Calcutta. It is also alleged that on or about 30th Sept. 1981 the said goods were shipped on Board the vessel M. V. Cugir (hereinafter referred to as the said vessel) owned by the defendant No. 1 for carriage from Galatz to Calcutta and in respect whereof a bill of lading dated 30th Septem

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