TMI Blog1998 (1) TMI 454X X X X Extracts X X X X X X X X Extracts X X X X ..... initially placed an order for supply of 25000 sq. ft. of marble at the rate of Rs. 110 per sq. ft. as per the terms and conditions mentioned in the purchase order dated 11-1-1994. It is further claimed by the petitioner that on 6-2-1995 the petitioner-company re- ceived a back dated fax message for further supply of 30000 sq. ft. marble from the respondent. It is the claim of the petitioner that this additional quantity of marble was to be supplied at the market rate of Rs. 110 per sq. ft. It is further the claim of the petitioner that they supplied marble to the respondent-company, though they were not in a position to supply total goods as per the order placed by the respondent. It is claimed that they are to get a payment of Rs. 11,16,7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding to the respondent, though the petitioner had agreed to supply the said quantity of the goods as per their requirement, they were to supply before 28-2-1995. The petitioner failed to supply the said goods. On account of the non-supply of the said goods, the project of completing the hotel building of the respondent was delayed by nearly three months. It is further claim of the respondent that as the petitioner did not supply the necessary agreed quantity of goods, they had to go in open market and had to purchase the goods at a higher rate of Rs. 47 per sq.ft. Thus, on account of non-supply of the agreed goods by the petitioner-company, the respon-dent suffered on account of delay in completing the building and by paying higher price fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m the said letter of the petitioner himself, it is also quite clear that there was an agreement between the present petitioner to supply about 55000 sq.ft. of marble. 4. Then from the averments made by the petitioner as well as from the documents produced by the respondent, it is also quite clear that the petitioner has not supplied the total agreed quantity of 55000 sq. ft. of marble and, it is also quite clear from the letter sent by the respondent to the present petition prior to the exchange of the statutory notice and its reply that on account of the petitioner's failure to supply the agreed quantity of the goods, the respondent has suffered damages as the respondent has to purchase the goods from the open market and on account of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for damages of Rs. 47 lakhs and odd could not be correct and proper. But in this proceedings, I am not concerned or I am not expected to record a finding as what damages the respondent has suffered on account of admitted non-supply of the goods. I am only concerned with the claim, raised by the respondent that he has suffered a damages on account of non-supply of the goods as the damages suffered by him are higher than what the petitioner is entitled to get towards the price of the goods supplied by him, he has not paid the claim of the petitioner, is a bona fide and honest claim or not. From the material on record, it is not possible for me to hold that the dispute raised by the respondent is not either honest or bona fide in view of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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