Soumen Sen, J.

Glencore, the sole defendant in the suit, has filed this application essentially for dismissal of the suit.

The application has been made under Order 7 Rule 11 read with Section 151 of the CPC.

The plaintiffs have filed a suit for recovery of damages aggregating to Rs.48 crores approximately for defective supply of French yellow peas in breach of contract and incidental reliefs.

The short facts of the case made out in the plaint are:-

i) A contract dated 17th April, 2008 was made between Glencore and State Trading Corporation of India Ltd. (hereinafter referred to as “STC”) for sale by Glencore of a quantity of 21,500 metric tonnes of French yellow peas on agreed terms and conditions;

ii) Subsequently, by a contract dated 19th May, 2008 made between the plaintiffs themselves, it was agreed that the goods would be sold on High Sea sale basis by STC to Ratanlal Piyarelall Import & Exports Ltd. (hereinafter referred to as “RPI”); and the agreement between them was that any quality or quantity claim was to be lodged and pursued by STC at the cost of RPI but the claim proceeds would be reimbursed to RPI; and no claim would lie against STC by reason of any qualit