Supreme Court of India

The Steel Authority of India and Ors. v. New Marine Coal Co. (pvt.) Ltd.

Neutral citation
Bench K. Ramaswamy Ands. Saghir Ahmad J.
Decided 14 February 1996

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

Accordingly, we set aside that part of the judgment of the High Court and the decree of the trial Court and B remit . the suit to the trial Court.

Judgment, page 3

From the headnote

Code of Civil Procedure, 1908 Suit for recovery-Agreement for supply of Grade-I Coaf-Grade-// 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 decreed-On appeal, High Cowt confinning the decree-On appeal 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 to adduce evidence of total supplies made and the price of…

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