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february 2000

Supreme Court of India · 2000-02-10

Coats Viyella India Ltd. vs India Cement Ltd. And Anr.

Citation / case number
AIRONLINE 2000 SC 349
Court
Supreme Court of India
Petitioner
Coats Viyella India Ltd.
Respondent
India Cement Ltd. And Anr.
Author
B.N. Kirpal
Bench
B.N. Kirpal, M.B. Shah

Judgment text excerpt

The Supreme Court addressed the contractual obligations arising from an agreement between a cement manufacturer and a forwarding agent, specifically focusing on Clause 14 regarding lay time statements. The Court held that the appellant was entitled to claim despatch money based on the lay time calculations, as stipulated in the agreement. It clarified that the respondent's obligation to pay was contingent upon receiving payment from the ship owners, emphasizing the necessity of impleading the ship owners as parties to the suit for a complete adjudication of the claims under the Contract Act, 1872.

Coats Viyella India Ltd. vs India Cement Ltd. And Anr. · Niyam