PHOSPHATE COMPANY LIMITED Vs. EMIRATES TRADING AGENCY LLC

JUDGEMENT

(1.) This is a suit for a decree for Rs. 3,73,75,000/- with interest upon judgment @ 12% per annum on account of breach of contract against the defendant. Plaint case in brief is that at all material times the plaintiff carried on and still carries on business of producing and selling Single Super Phosphate a chemical fertilizer and sulphuric acid an intermediate product from its factory at Rishra in the State of West Bengal. Bright Yellow NIGC Sulphur Crude in bulk (hereinafter referred to as the "said commodity"), the basic raw material for producing sulphuric acid which in turn is also used in production of Single Super Phosphate.

(2.) By a letter/communication dated 27th September, 2007 addressed to the defendant, the said M/s. Kesoram Rayon for itself as well as on behalf of the said Jay Shree Chemicals & Fertilizers and the plaintiff expressed intention to purchase 10,000 MTs. of the said commodity of the specifications contained in the said letter for shipment in end October/early November, 2007 with discharge rate of 1,500 MTs. per day, the discharge port being Haldia requesting the defendant to send its best offer indicating C & F Haldia Port rates at the earliest.

(3.) In the said FAX message dated 20th October, 2007, M/s. Kesoram Rayon sent to the defendant giving written confirmation to purchase 4750 Mts. of the said commodity for itself; 1250 MTs. for the plaintiff and 4000 MTs. for Jayshree Tea & Co. Ltd. with written confirmation by the respective companies to follow and requested the defendant to send a formal offer for the same.