TMI Blog1977 (1) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... o the Nizam's Hyderabad Government, a story before the Police Action, way back in 1947. 2. The facts of the case are that the then Hyderabad Government had placed orders with the plaintiffs-appellants for manufacture of certain number of guns, the price per gun being put at ₹ 125/-. Although some of the guns were manufactured the contract could not be completed and it is now concurren ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... worked out to 15 per cent of the total amount invested in the gun-making In short based on this argument of Government Counsel, the trial Court awarded the aforesaid sum of ₹ 1,87,500/-. Of course, it must be said at this stage that P.W. 1, the first plaintiff, had deposed to the effect that ₹ 25/- per gun was the agreed profit and there was no cross-examination on this point by the S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the High Court, after setting out the facts bearing on the quantification of the damages, stated, without any convincing reasoning: We think that it will be just and reasonable to put this profit at 10 per cent of the contract price which works out to ₹ 1,25.000/-. We are not able to discern any tangible material on the strength of which the High Court reduced the damages from 15% of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e we direct the parties to bear the costs in this Court. We may make it further clear that in regard to other items of claim we uphold what the High Court has awarded. In view of the fact that shortly after the decree was passed by the trial Court the decree amount appears to have been recovered by the respondents, we do not award any interest under the decree. 5. By the time we reached the con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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