MODERN MALLEABLES LTD. Vs. NUOVA ELETTROMECCANICA SUD S.P.A.
LAWS(CAL)-2012-1-693
HIGH COURT OF CALCUTTA
Decided on January 11,2012

MODERN MALLEABLES LTD. Appellant
VERSUS
Nuova Elettromeccanica Sud S.P.A. Respondents

JUDGEMENT

I.P.MUKERJI,J. - (1.) Affidavit of service is on record. None appears for the respondent. I am prepared to give them another chance to appear.
(2.) But the prima facie case which the plaintiff has been able to make out today is that if there is effect of the letter to the termination dated 23rd December, 2011 issued by the respondent, it would seriously jeopardise the plaintiff's contract with Power Grid Corporation. This cannot be compensated in damages following the ratio in Sky Petroleum Limited v. VIP Petroleum Limited, reported in (1974) 1 AER 954 . This is so because it would not be reasonably practicable for the plaintiff to enter into another contract with another agency so as to satisfy the requirements of Power Grid Corporation. Such requirement is being met by the plaintiff's contract with the respondent.
(3.) In the circumstances, I pass an order in terms of prayer (a) till 18th January, 2012 or until further order. List this application on 16th January, 2012 for considering continuation of this order or for passing further orders upon hearing the respondent.;


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