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august 2011

Supreme Court of India · 2011-08-02

Suchetan Exports P.Ltd vs Gupta Coal India Limited & Ors

Citation / case number
AIR 2011 SC (CIV) 2039
Court
Supreme Court of India
Petitioner
Suchetan Exports P.Ltd
Respondent
Gupta Coal India Limited & Ors
Bench
Cyriac Joseph, Altamas Kabir

Judgment text excerpt

The Supreme Court addressed a dispute arising from a High Seas Sale Agreement between Suchetan Exports P. Ltd. and Gupta Coal India Limited concerning the sale of coal. The Court noted that the Respondent had filed a suit for breach of contract due to the Petitioner's failure to pay the balance amount for the coal delivered. The Court held that the agreements were valid and enforceable, emphasizing the binding nature of the quality certification by an independent agency as per Clause 3(b) of the Agreement. The outcome favored the Respondent, allowing the claims for payment and injunction against the Petitioner.

Suchetan Exports P.Ltd vs Gupta Coal India Limited & Ors · Niyam