1. THIS is a defendant's appeal from an order refusing stay of a suit pending institution of another in a foreign court and the obtaining of a decision in that Court.

2. THE appellant, a firm incorporated in Sweden, carrying on business under the name and style of Swedish East Asia Co. Ltd., entered into a contract of affreightment with a Swedish citizen of the name of A. B. Cottram, where by it undertook to carry 1034 bundles of M. S. Flats shipped by A. B. Cottram on the defendant's vessel S. S. "kyoto", then at the Swedish port of Gothen-burgh. The cargo was to be carried to Calcutta and delivered to the order of the shipper subject to certain terms and conditions imposed in a bill of lading dated April 28, 1956, issued by the petitioner Company to Cottram, the shipper. The vessel reached the port of Calcutta on July 4, 1956 and the plaintiff Company obtained delivery of the consignment less 14 bundles which were said not to have been carried or delivered. There was some correspondence between the parties and a demand for payment of a sum of Rs. 12, 849/13/- having eventually been refused on account of the short-landed goods, a suit was instituted by the plaintiff Compa