Ahmed, J.: This appeal is directed against the judgment and order dated 13.2.1989 passed in matter No. 146 of 1988 by a learned single Judge of this Court.

2. To appreciate the contentions raised in this appeal, it is necessary to set out the brief facts giving rise to the same. In between 24th May, 1984 to 29th May, 1984, a contract was entered into by and between the respondents, Indian Fibers Limited (Indian Company) and Arthur Branwell & Company Limited (English Company). By exchange of telex messages Indian Company agreed to sell F. O. B. Bombay and English Company agreed to purchase 60 m.t. of Guargum of agreed specifications on agreed terms and conditions. On 27.6.84, Indian Company shipped 1600 bags of Guargum from Calcutta to England pursuant to the said contract. The goods were discharged at Felix Stowed on 2.3.84. The English Company sold 5 m.t. of Guargum to "M/s. Loyns Maid", the well-known manufacturer of icecream on 2.8.84. The said "M/s. Loyns Maid" rejected the goods on the ground that it was contaminated by insecticides. The English Company immediately kept the Indian Company informed. A dispute arose between the English Company, Arthur Branwell, appellants