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Issues: Interpretation of contract terms for detention charges of cylinders, determination of liquidated damages, calculation of damages based on contract terms vs. general principles of Section 73 of the Contract Act.
Analysis: 1. The case involved a dispute between Messors Sandvik Asia Limited and Industrial Oxygen regarding the supply of Hydrogen Gas. Industrial Oxygen entered into a contract with Indian Drugs for the supply of 7500 cubic meters of gas in returnable cylinders. The contract specified rental charges for cylinder detention beyond three weeks from the date of issue. 2. Industrial Oxygen filed a suit against Indian Drugs for non-payment of rental charges as per the contract terms. The tables filed by Industrial Oxygen showed the delay in returning the cylinders, ranging from 6 days to 137 days, with calculations of hire charges at different rates. 3. The appellant argued that the stipulated rate of rental charges in the contract was a genuine pre-estimate of damages or, alternatively, damages should be computed based on general principles of Section 73 of the Contract Act. The respondent contended that the rate was not liquidated damages but returnable charges for cylinder use. 4. The court analyzed Section 74 of the Contract Act, stating that the rate for cylinder detention beyond the initial three weeks could be considered liquidated damages. The clause for liquidated damages could apply even if the entire contract was not terminated, providing certainty in damage assessment. 5. Regarding the calculation of damages at Rs. 5 per day, the court found insufficient evidence to support this claim. The court compared the profit margin per cylinder and the period over which the profit should be distributed, suggesting that the rate of Rs. 1.25 per week aligned with the contract terms. 6. The court distinguished a previous case involving rental charges for motor trucks, emphasizing that the claim in the current case was not for conversion but for rental charges. The court ruled in favor of the appellant, setting aside the trial court's decision and dismissing the suit, with each party bearing their own costs. 7. The judgment highlighted the importance of interpreting contract terms, determining liquidated damages, and calculating damages based on contractual provisions or general principles of the Contract Act. The decision provided clarity on the application of liquidated damages and the need for evidence to support damage claims in contractual disputes.
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