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2017 Supreme(Online)(SC) 1640

SUPREME COURT
A., B., JJ
Vedanta Limited (M/s.) v. M/s. Emirates Trading Agency LLC


Advocates:
For the Appellants/Petitioners: Sri C.A. Sundaram
For the Respondents: Sri Vijay Hansaria

Table of Content
1. assessment of parties' correspondence establishes the context of the contract. (Para 2 , 4 , 12)
2. arguments emphasize the absence of a concluded contract due to the counter proposal. (Para 3 , 5 , 7 , 11)
3. the absence of an absolute acceptance precludes claims for breach of contract. (Para 13 , 16)
4. the terms of the agreement remained uncertain, preventing conclusion. (Para 15)
5. the court's decision to allow the appeal based on insufficient proof of contract. (Para 17)

1. 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.
















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