VidhiSangh

Supreme Court of India · 19/06/2017

KANCHAN UDYOG LIMITED versus UNITED SPIRITS LIMITED

[2017] 7 S.C.R. 175 · 2017 INSC 480

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Summary

The bottler failed to prove that the respondent’s alleged contractual breach caused its anticipated-profit losses. Unilateral loan projections did not establish a real profit opportunity, its own financial and operational failures predominated, and reasonable mitigation was absent. Its conduct also accepted the replacement supply arrangement; dismissal of the damages suit was upheld.

Issues

  1. Whether anticipated profits and plant costs were recoverable on the evidence and causation shown.
  2. Whether conduct established acceptance or waiver concerning the changed concentrate supplier.

Provisions considered

Held

Result

Appeal dismissed; appellate dismissal of the damages suit upheld.

Judgment PDF: Supreme Court of India, [2017] 7 S.C.R. 175.