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november 2005

Supreme Court of India · 2005-11-08

Orissa Agro Industries Corporation ... vs Bharati Industries And Ors

Citation / case number
AIR 2006 SUPREME COURT 198
Court
Supreme Court of India
Petitioner
Orissa Agro Industries Corporation ...
Respondent
Bharati Industries And Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, C.K. Thakker

Judgment text excerpt

The Supreme Court upheld the Orissa High Court's decision directing the appellant-Corporation to pay Rs. 8.5 lakhs to the respondent, citing the breach of contract principles. The Court found that the respondent had made a valid claim for the non-delivery of materials despite having paid substantial amounts, and that the Corporation's defense of alternative remedy was insufficient. The judgment emphasized that the writ petition was maintainable as it involved a significant public interest issue, thus affirming the High Court's order with interest at 12% per annum post-default.

Orissa Agro Industries Corporation ... vs Bharati Industries And Ors · Niyam