Supreme Court of India
Food Corporation of India & Ors. v. Abhijit Paul
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the opinion that it did not include liability on account of demurrages.
Judgment, page 13
From the headnote
Contract – Demurrage – Food Corporation of India (Corporation) entered into a contract with Respondent (Contractor) for transporting food grains – Subsequently, corpor ation called upon contractor to reimburse the amount of demurrages imposed on it by the railways – As contractor incurred heav y losses on account of demurrages due to the contractor’s inability to provide trucks – This unilateral action of corporation was challenged – Whether the contractual clause enabling the Corporation to recov er “charges” includes the recovery of demurrages – Held: T he scope of the expression “charges”
Authorities it was built on
- 1989 Provash Chandra Dalui & Anr. v. Biswanath Banerjee & Anr.
- 1974 Union of India v. Raman Iron Foundry
- 1995 State of Maharashtra v. Digambar
- 1975 Trustees of the Port of Madras v. M/s. Aminchand Pyarelal & Ors.
- 2008 Bharat Sanchar Nigam Ltd. & Anr. v. Motorola India Pvt. Ltd.
- 2011 M/s. J.G. Engineers Pvt. Ltd. v. Union of India and Anr.
- 1963 Raichand Amulakh Shah v. Union of India
- 1987 State of Karnataka Etc. v. Shri Rameshwara Rice Mills Thirthahalli Etc.
- 1989 Bihar State Electricity Board, Patna and Ors v. Green Rubber Industries and Ors.
- 2022 M/s Agmatel India Pvt. Ltd. v. M/s Resoursys Telecom & Ors.
Where later benches applied it
Of those, 1 mentioned
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