G.K. Mitter, J.

1. THIS is an application for stay of a suit on the basis of a clause contained in a bill of lading that all actions thereunder were to be brought before the courts at Amsterdam or Rotterdam. The plaintiff, a firm carrying on business at Calcutta, was the endorsee of a bill of lading issued by the defendant No. 1 described in the plaint as the owners or charterers of a vessel "Hereford Beacon". The defendant No. 2 is described as the agent of the defendant No. 1 carrying on business in Calcutta. The defendant No. 3 are the Commissioners for the Port of Calcutta and the defendant No. 4 is an insurance company also carrying on business within the jurisdiction of this Court.

2. THE bill of lading was issued at Antwerp by the defendant No. 1 on 16-3-1956, the shippers being Countinho Caro and Co. Ltd. of London and the consignee the Bank of China, Calcutta. The goods shipped were described in the bill of lading as 400 pieces "used flat bottom steel rails". According to the document, however, the Condition of the goods, their measurement, weight, brand, quality and value were unknown and any reference thereto in the document was for the purpose of calculation of