- (1.) This is an application by the Shipping Corporation of India Limited, the defendant in the above suit for an order that the above suit be dismissed.
(2.) It is the case of the petitioner that it appears from the plaint that the cause of action of the plaintiff is based on non-delivery and/or short landing of 28 pieces of tin-ingots stated to have been carried by the vessel, M.V. Vishava Madhuri (hereinafter called as the said vessel) under the Bill of Lading No. S/CAL/5 dt. Jan. 7, 1984. According to the plaintiff, the said vessel arrived at the Port of Calcutta on Jan. 27, 1984 and that a Steamer Survey was conducted on Feb. 3, 1984 and upon such survey a quantity of 28 pieces of tin-ingots was found short.
(3.) It is the further case in the plaint that the Calcutta Port Trust has issued a short landing certificate in the prescribed form on May 7, 1984 certifying that the 28 pieces of tin-ingots were short landed.;