LAKSHMINARAYAN RAMNIWAS Vs. COMPAGNIA GENOVESE D ESPORTAZIONE

JUDGEMENT

(1.) This is an application for stay of a suit filed against (1) the shipper of a quantity of mild steel bars from Naples, (2) the shipping Company Lloyd Triestino, described as a company incorporated in Italy having its principal place of business at Trieste in Italy and carrying on business at Calcutta through its agent M/s. Turner Morrison and Co., (3) Turner Morrison and Co. (Private) Ltd. and (4) the Commissioners for the Port of Calcutta. The claim is made for damage suffered by reason of non-delivery of 110 bundles of bars valued at Rs. 74,647/- with interest and other charges totalling Rs. 83,954/-.

(2.) The facts of this case are practically on all fours with the facts in the suit which was filed by the very same plaintiff in this Court being L. T. Societa v. Lakshminarayan, Suit No.. There the suit was not directed against the shipper, but against the same shipping company through its agents, and the Commissioners for the Port of Calcutta. The Bill of lading in that case was identical in terms with the bill of lading in this case and on all material points the facts seem to be closely similar, the only material difference being that in Suit No. the goods were shipped at Trieste whereas in this case the goods were shipped at Naples. Trieste and Naples are both situate in Italy and under Clause 31 of the bill of lading a claimant under the bill of lading had to summon the shipping company before the Judicial Authority of Trieste or Genoa renouncing the competence of any other Judicial Authority.

(3.) It was contended before me that it cannot be said definitely that the Courts at Trieste or Genoa will have jurisdiction in respect of a claim based on a shipment of goods at Naples. But this does not seem to me to be of much substance. A reference to Dicey's Conflict of Laws, 7th Edn., Ch. 31 which deals with "staying of actions" contains a sub-rule to Rule 203 at p. 1085 reading as follows: