1.The applicant who is original defendant No. 2 in Admiralty Suit No. 3 of 2003 has filed this application for rejection of the plaint on the ground that the plaint does not disclose any cause of action against the applicant and that the plaintiff can have no cause of action against the applicant.

2. It is the case of the original plaintiff, namely, Tower International Ltd. that they had purchased a quantity of 2000 MT of Crude Palm Oil and 1000 MT of Crude Plam Olein from New Continent Enterprises Pte Ltd., original defendant No. 3 on Cost and Freight terms basis delivery at Kandla under Contract dated 11-12-2002 and 24-1-2003 respectively. Payment was to be made by the original plaintiff to the original defendant No. 3 by telegraphic transfer within 35 days from the date of Bills of Lading. Acc