HINDUSTAN TIN WORKS LTD Vs. HIMALAYA INTERNATIONAL LTD

JUDGEMENT

(1.) THE petitioner lays a challenge to the impugned order dated 01.07.2008 of the MRTP Commission (,,the Commission for short) in terms whereof the petitioner has been held liable for special damages to be paid to the respondent.

(2.) THE petitioner was supplying cans to the respondent for its export of Mushrooms. It has been found by the Commission that the cans supplied during the relevant period were defective which resulted in the supply made by the respondent to its customers in USA being rejected. THE respondent not only claimed that it was not liable to pay the price of cans to the petitioner, but also that the amount which would have been payable to it by its customers was naturally not paid and thus resulted in a loss.

(3.) WE heard learned counsel for the parties at length and after arguments, learned counsel for the petitioner gives up the plea based on this portion of the order.