- (1.) The Court: There will be an order in terms of prayer (a) of the petition. This appeal is directed against the order dated 6th September, 2002 passed by the learned single Judge sitting in the Admiralty Jurisdiction in G.A. No. 3537 of 2002, in connection with A.S. No. 11 of 2001, dismissing the appellant's application for rejection of the plaint or in the alternative for deleting its name from the suit, with costs assessed at 600 Gms.
(2.) When the application for stay was initially moved, an objection was taken on behalf of the respondent No. 1 regarding the maintainability of the appeal, and, accordingly it was decided that the matter be taken up for consideration on such objection first. Accordingly, the matter has been listed today for the aforesaid purpose.
(3.) Appearing for the Board of Trustees for the Port of Calcutta, Mr. S. Roychowdhury firstly urged that having regard to the nature of the order passed by the learned single Judge, no appeal would lie either under the provisions of Order 43 Rule 1 of the Code of Civil Procedure or under clause 15 of the Letters Patent.;