JUDGMENT :

Navin Sinha, J.

Leave granted.

2. The Respondent's Suit for breach of contract and damages was decreed on 16.04.2013 by the Principal District Court, Thoothukudi in Original Suit No. 73 of 2009 for a sum of Rs.5,25,55,460/- with interest @ 8% from the date of the plaint till realisation. First Appeal by the Appellant was dismissed by the High Court on 04.02.2014. In Special Leave Petition (Civil) Nos.12687–12688 of 2014 preferred against the same, liberty was granted on 12.5.2014 to approach the High Court in the review jurisdiction, on the issue whether the agreement dated 26.10.2007 between the parties constituted a concluded contract or matters rested at the stage of a proposal and a counter proposal only. Liberty was further granted to approach this Court again, if aggrieved. Review application No. 160 of 2014 was dismissed by the High Court on 09.07.2015. Thus, the present appeal.

3. Sri C.A. Sundaram, learned Senior Counsel appearing for the Appellant, submitted that the agreement dated 26.10.2007 was a draft proposal from the Respondent regarding supply of phosphoric acid by the Appellant in a specified duration. The Appellant made a counter proposal to the Respondent