J. C. SHAH, K. N. WANCHOO, M. HIDAYATULLAH, P. B. GAJENDRAGADKAR, S. M. SIKRI
Mirza Ali Akbar Kashani – Appellant
Versus
United Arab Republic – Respondent
Judgement
GAJENDRAGADKAR, C.J.I. : This appeal arises out of a suit filed by the appellant, Mirza Ali Akbar Kashani, against the two respondents, the United Arab Republic, and the Ministry of Economy, Supplies, Importation Department of the Republic of Egypt at Cairo, on the Original Side of the Calcutta High Court. By his plaint, the appellant claimed to recover from the respondents damages assessed at Rs. 6,07,346 for breach of contract. According to the appellant, the contract in question was made between the parties on March 27, 1958. Respondent No. 2 which was a party to the contract had agreed to buy tea from the appellant upon certain terms and conditions: one of these was that respondent No. 2 would not place any further orders in India for purchase of tea with anyone else during the tenure of the contract and that it would, in every case, give the appellant the benefit of the fist refusal for respondent No. 2 s additional requirements. The appellant alleged that during the tenure of the contract, the respondents had wrongfully placed an order for the supply of tea with a third party without giving the appellant a chance to comply with the said requirement. That is how the r
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