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april 2006

Supreme Court of India · 2006-04-04

HINDUSTAN ZINC LTD. vs M/S. FRIENDS COAL CARBONISATION

Citation / case number
SC 2001/15714
Court
Supreme Court of India
Petitioner
HINDUSTAN ZINC LTD.
Respondent
M/S. FRIENDS COAL CARBONISATION
Author
RAVEENDRAN
Bench
ARUN KUMAR & R V RAVEENDRAN

Judgment text excerpt

The Supreme Court held that the appellant's obligation to pay price variation under Clause 5(i) of the purchase order was contingent upon the coal price ruling as of 8.11.1991, and any increase thereafter must be substantiated with documentary evidence. The Court found that the respondent's switch to a higher grade of coal (Washery Grade I) did not entitle them to a higher price escalation unless explicitly stated in the contract. The appeal was dismissed, affirming the Rajasthan High Court's decision that upheld the original contract terms.

HINDUSTAN ZINC LTD. vs M/S. FRIENDS COAL CARBONISATION · Niyam