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Showing contexts for: turnover decrease in Iffco-Tokio General Insurance Co Ltd vs Indo-Rama Synthetics Ltd on 20 January, 2015Matching Fragments
Mr. Tripathi, in order to lend strength to his submission relied upon the literature available on the adoption of alternative basis of the computation of loss of profits including IRDA guidelines wherein it has been provided that the output basis of computation of losses can be adopted when the business of the entity is cyclical in nature which is that when the decrease in production level does not immediately reflect corresponding decrease in the sales due to peculiar nature of the business. In such cases, as the losses are there but are not reflected in decrease in sales or turnover, the alternative basis which is output method is adopted to arrive at the computation. Mr. Tripathi argued that the present case is of such a nature wherein the respondent has lead such evidence before the tribunal by filing the production trend of the respondent for the last 5 years and other evidences which has not been disputed by the petitioner and has been appreciated by the tribunal. In such a case, it cannot be said that the view adopted by the arbitral tribunal is illegal or perverse.