Supreme Court of India · 2022-11-18
FOOD CORPORATION OF INDIA vs ABHIJIT PAUL
- Citation / case number
- SC 2019/17862
- Court
- Supreme Court of India
- Petitioner
- FOOD CORPORATION OF INDIA
- Respondent
- ABHIJIT PAUL
- Author
- HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
- Bench
- HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE A.S. BOPANNA
Judgment text excerpt
The Supreme Court addressed the issue of whether the Food Corporation of India could recover demurrages imposed by the Railways from its transport contractors under a specific contractual clause. The court found that the intention of the parties, as reflected in the contract's language, did not encompass demurrages within the term 'charges.' Consequently, the court upheld the High Court's decision that demurrages could not be recovered from the contractors.