Pinaki Chandra Ghose, J. - (1.) This is an application filed by the petitioner inter alia praying for:- (a) Leave under Clause 12 of the Letters Patent be revoked ; (b) The name of the defendant No. 4 who is the petitioner herein be struck out from the Cause Title of the suit; (c) The plaint in Suit No. 185C of 1996 be rejected and/or taken off the file ; (d) the suit against the defendant No. 4 be dismissed ; (e) Stay of the suit being Suit No. 185C of 1996 and all proceedings thereunder till the disposal of this application ; (f) The suit being Suit No. 185C of 1996 be not transferred to the list of un-defendant suit till the disposal of this application.
(2.) On or about 17th December, 1992 the petitioner at the request of Shipping Team S. R. I., issued an Insurance policy bill No. 29.609 in order to guarantee on behalf and on account of the defendant No. 2, the transport of 33 boxes of electrical and mechanical equipments from the Port of Genoa (Italy) to the Port of Calcutta by means of the vessel M. V. "SNAGOV ROMANIA". The total sum insured by the petitioner was $ 675,475. The goods in question were sold by the defendant No. 2 on CIF basis to the plaintiff. The said insurance contract is governed by the laws of Italy.
(3.) The plaintiff in the suit carries on business as manufacturers of steel including alloy steel at its various plants in India and markets the 3ame both for domestic consumption and for expert. The defendant. No. 1 is a concern carrying on business of importing machinery and spare parts particularly those required for steel plants. The defendant No. 2 likewise carries on similar business as associates of the defendant No. 1 from Milan, Italy. The defendant No. 3 is a Government off India undertaking carries on business of carriage of goods by sea for reward and for the said purpose owes and manages a number of merchant vessels for carriage of diverse kinds of cargo.;