Chandan Kumar Banerjee, J. - (1.) This is an application by Messrs Industrial Armaments to SPA, the Defendant No. 3 in Suit No. 149 of 1983 State Trading Corporation of India Ltd. v. Messrs Moninklijke Bunge B. V., inter alia, for stay of the said suit under section 3 of the Foreign Awards (Recognition and Enforcement) Act, 1981 and alternatively, for dismissal of the said suit as against the petitioner.
(2.) The facts shortly are that the State Trading Corporation of India Ltd., (Hereinafter called the State Trading Corporation) imported certain quantity (Page 3 begins) of crdude degummed Sovabin Oil (hereinafter called the said cargo) of which Moninklijke Bunge B. V. (hereinafter called Bunge) were the sellers. By and under a charter party dated the 27th November, 1981 made between the petitioner and Bnnge the said cargo was shipped by the vessel S. S. 'Serrnitus" belonging to the petitioner and was delivered at the ports of Bombay, Madras and Calcutta. There is no disputes that the said charter was a voyage character. In the bill of lading which was issued in respect of the said cargo the State Trading Corporation was described as the consignee of the said cargo. It was recorded in the bill of lading that the same was to be used with the charter party. There was a short landing of the said cargo at the port of Calcutta and thereupon the said suit was filed by the State Trading Corporation, inter alia, against the petitioner as the carrier and Bunge as the seller, for damages for short landing.
(3.) A preliminary point was taken by Mr. Gopal Chakravarty, learned Counsel for the State Trading Corporation that the petitioner the carrier was an Italian Company and Italy (Page 4 begins) not being a territory which was notified by the Central Government in accordance with Clause (b) of section 2 of the Foreign Awards (Recognition & Enforcement) Act, 1961 (hereinafter called the Foreign Awards Act) the application was not maintainable.;