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of <h1>Court rules in favor of petitioner in scrap materials delivery dispute, directs respondents to deliver or refund.</h1> <h3>Nand Lal Shaw Versus Union of India and others</h3> Nand Lal Shaw Versus Union of India and others - TMI Issues:1. Dispute over delivery of scrap materials following a successful e-auction.2. Claim for refund or delivery of balance quantity of scrap materials.3. Discrepancy in the quantity of undelivered material claimed by the petitioner.4. Legal liability of the respondents for undelivered scrap materials and related payments.Analysis:1. The petitioner won an e-auction for scrap materials but claimed that only part of the total quantity was delivered. The petitioner sought delivery of the remaining 55 MT or a refund. The petitioner supported the claim with various documents indicating partial delivery.2. A Joint Note acknowledged that some materials could not be recovered due to construction work. The petitioner communicated the undelivered quantity to the respondents and requested a refund. The respondents denied any shortfall and contended that the full quantity was delivered. The Court found discrepancies in the respondents' arguments based on the Joint Note and other documents.3. A chart presented by the petitioner in court indicated a different undelivered quantity compared to the consistent claim of 55 MT. The Court noted the discrepancy and emphasized the importance of maintaining consistency between pleadings and evidence presented in court.4. The Court concluded that the respondents were liable to deliver the remaining 55 MT of scrap materials to the petitioner. The calculation based on the sale price per metric ton determined the amount owed to the petitioner. Interest at 6% per annum was awarded from the date of the Joint Note for the principal dues. No additional amounts for GST or TCS were awarded due to the payment made without GST. The Court directed the respondents to refund the cost of the undelivered material along with interest to the petitioner within 90 days.5. The judgment allowed the petitioner's claim, ordering the respondents to pay the specified amount with interest within the stipulated timeframe. In case of default, additional interest would be payable. No costs were awarded, and urgent certified copies of the order were to be provided to the concerned parties.
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