Suchetan Exports P.Ltd. Vs. Gupta Coal India Limited & Ors.
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Head Note
The Code of Civil Procedure, 1908 - Order XXXIX Rule (1) , Rule (2)
Suit declaration for agreements cancelled and terminated, return of quantity - Decree for an amount, interest and payment of demurrage charge, and permanent injection - Prayed for an interim order - Form of a mandatory injection - Exparty order of injection passed - Subsequently trial court allowed injection application - Confirmed interim injection and passed mandatory injection - Respondent no. 2 hand over coal to respondent no. 1 - Appeal - High Court - Allowed in part - Direction to defendant deposit the due amount within six weeks - If deposited - Temporary injection order shall stand dismissed - Supreme Court - Agreement between parties - Petitioner to fulfil its obligation towords the payment - Prima-facie the terms of agreement - No reason to interfere - Modifying the order of High Court - Deduction of price lifted - Dismissed.
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