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2021 Supreme(Online)(MAD) 31846

HIGH COURT OF MADRAS
Hon`ble Dr Justice G. JAYACHANDRAN
M/s.Cetex Petrochemicals Ltd. – Appellant
Versus
M/s.Ind Barath – Respondent


JUDGMENT

The plaintiff is a Private Limited Company having its registered Office at Chennai. According to the plaintiff, it is trading in coal for past several years and during the month of October – 2014, the defendant approached the plaintiff for supply of Steaming, Non Coking Coal in bulk of Indonesian Origin. Pursuant to that, the plaintiff and defendant executed the following documents at Chennai.

S.No. PARTIES DESCRIPTION
1. Defendant to Plaintiff Purchase Order dated 10.10.2014 for supply of 55,000 MT +/- 10% of “Goods” on terms and conditions contained therein.
2. Plaintiff and Defendant High Seas Sale Agreement dated 10.10.2014 for selling 54,900 MT of “Goods” at the price of Rs.3058.12/- PMT on terms and conditions therein.
3. Plaintiff to Defendant High Seas Invoice No.14210001 dated 14.10.2014 for a total quantity of 54,900.00 MTS of “Goods” for a total price of Rs.16,78,90,788.00

2. As per trade practice, the High Seas Sale agreement and connected documents in original were handover to the defendant for Custom Clearance. As per the terms of the High Seas Sale agreement and purchase order, the in

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