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2009 (7) TMI 1033 - SC - Companies LawWhether the appellant-plaintiff is entitled to a direction for payment of interest compounding at monthly rest at the rate of 24% per annum? Held that:- Appeal dismissed. Full factual foundation for such an argument was not placed before us so as to enable us to know as to why the quantity to be supplied by the appellant plaintiff was curtailed by the Government and as to why the appellant plaintiff was not supplying the goods despite the receipt of the supply orders for several months. It is also not clear from the records that whether there was any failure or negligence on the part of the appellant-plaintiff in not supplying the goods for a long period of time without any reasonable basis or whether there were laches on the part of the respondents in sorting out the transaction. These are some of the factual issues which are required to be gone into to answer finally such issue which was raised at the time of hearing of the appeal and which cannot be done in the absence of any evidence in that regard.
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