Supreme Court · 1996 INSC 251 · Decided 14 February 1996
The Steel Authority of India and ORS. v. New Marine Coal CO. (PVT.) LTD.
- Court
- Supreme Court of India
- Citation
- 1996 INSC 251 · [1996] 2 S.C.R. 650
- Case number
- CIVIL APPEAL No. 3496/1982
- Decided
- 14 February 1996
- Bench
- K. RAMASWAMY, S. SAGHIR AHMAD (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908 Suit for recovery-Agreement for supply of Grade-I Coaf-Grade-// C Coal supplied but price of Grade-/ Coal collected-Over-payment adjusted in subsequent bills-Trial Cowt holding that in the absence of counter-claim and co wt fee thereon, adjustment not to be made-Suit held, appellants entitled to adjust the over-payments from future supplies by the party on discovery of the fraud-Matter remitted to T1ial Cowt-Appellants to be given an opp01tunity D to adduce evidence of total supplies made and the price of Grade-I and Grade-I/ Coal dwing the relevant
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