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2001 Supreme(SC) 1397

DORAISWAMY RAJU, S.RAJENDRA BABU
Maharashtra State Electricity Board – Appellant
Versus
Sterilite Industries India – Respondent


JUDGMENT

Rajendra Babu, J.-On certain disputes having arisen between the Maharashtra State Electricity Board and Sterilite Industries (India) in connection with the failure to supply certain goods the matter was referred to Arbitral Tribunal consisting of three arbitrators. The petitioners made a claim in a sum of Rs. 70,28,572.05p as damages for breach of contract sustained by them on account of failure of the respondents to supply the entire material ordered from them. In addition to this claim for damages, interest on the said amount at 18% per annum for the period between May 9, 1989 to October 29, 1990 amounting to Rs. l8,62,571.55p was also made. Thus the total claim for damages and interest is in a sum of Rs. 88,91,143.16p.

2. It is stated that the contact for supply of goods was cancelled by the petitioners on 17, 1989 on the basis that the material which was not supplied by the respondents was procured by the petitioners from other suppliers at a price much higher than what was tendered by the respondents. The petitioners referred to various orders placed by them with different parties. The damages were thus claimed on the basis that the material which was not supp



















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