OFFICIAL LIQUIDATOR OF THE MYSORE KIRLOSKAR LIMITED Vs. SANDVIK ASIA LIMITED

JUDGEMENT

(1.) THE present application is filed in the following back ground: -

(2.) THE learned counsel for the OL would not seriously dispute the defence set up, except the claim towards deduction of liquidated damages. Hence, it is to be seen whether the OL has substantiated the claim towards this amount by demonstrating that such deduction by the respondent was not justified. In this regard, it was necessary for the applicant to have tendered cogent evidence to establish that the respondent was neither entitled to such damages or that the contract did not enable the respondent to unilaterally claim the same. There is no effort made in this direction. In that view of the matter the application is dismissed.