DHARIWAL INFRASTRUCTURE LIMITED Vs. NARESH DHANRAJ JAIN

JUDGEMENT

(1.) FACTS:

(2.) PARTIES entered into a contract under which the respondent was to supply coal to the appellant for its power plant. Under the agreement, the price of coal would vary as per the specifications, the variance would principally relate to moisture content. The dispute arose when the appellant declined to pay as per the bill raised by the respondent on the ground, the coal supply was not as per specification, it would carry more moisture than what was specified and billed for.

(3.) WITH regard to the prayer for security made by the respondent, His Lordship observed as follows: