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november 2022

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.

FOOD CORPORATION OF INDIA vs ABHIJIT PAUL · Niyam