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ALLAHABAD HIGH COURT
N.U. Beg, J
De - Smet (India) Private Ltd. – Appellant
Versus
B.P. Industrial Corporation (P) Ltd. – Respondent
| Table of Content |
|---|
| 1. contract dispute involving advance payment and breach. (Para 1 , 2) |
| 2. defendant's claims following the plaintiff's failure to pay balance. (Para 3 , 4) |
| 3. court's recognition of lack of completed contract. (Para 6 , 7) |
| 4. overview of previous decisions establishing refund principles. (Para 8 , 9 , 10 , 11 , 12) |
| 5. discussion on unjust enrichment and refund obligations. (Para 13 , 14 , 15 , 16) |
| 6. final outcome dismissing appeal and cross-objection. (Para 17 , 18 , 19) |
1. This first appeal by De - Smet (India) Private Ltd. defendant is directed against the judgement and decree of second Additional Civil Judge, Agra dated 2-6-1975, decreeing the suit filed by B.P. Industrial Corporation (P) Ltd. for recovery of Rs. 100,000 with proportionate costs. There is also before as a cross - objection by the plaintiff praying that the decree passed by the trial court should be modified so as to decree its entire claim for a sum of Rupees 116,000.
2. B.P. Industrial Corporation (P.) Ltd. filed Suit No. 51 of 1966 in the court of the second Additional Civil Judge, Agra for recovery of Rs. 116,000 the defendant De - Smet (India) Private Ltd. Briefly stated the case set up in the plai
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