( 1 ) THE appellant original defendant No. 4, a foreign party, made an application before the trial court Ex. 48-D invoking the provisions of Foreign Avards (Recognition and enforcement) Act, 1961, Arbitration Protocal convetion Act, 1937 and Indian Arbitration Act, 1940 and pleaded that the suit against the defendant No. 4 should not proceed. The trial court having rejected that application, this appeal has been preferred.

( 2 ) THE plaintiff-State Trading Corporation is the purchaser and importer of the goods in question and the appellant defendant No. 4 is the supplier and vendor. The defendant No. 1 is the Shipping Company, defendent No. 2 is the agent of defendant No. l, and defendant No. 3 is the agent of defendant No. 4. The suit being special Civil Suit No. l 15 of 1979 is for recovery of Rs. 14,97,065. 00 with costs and interest on account of short delivery of goods. It is alleged that as per the assessment made, the goods were found to be less in quantity. Accourding to para 2 of the plaint, defendent No. 4 agreed to sell and the plaintiff agreed to purchase 10,000 MT (plus iminus 5% at sellers option) crude degummed soyabean oil and the cargo was to be de