24 Mar 2023
Zenish Polyfilm LLP v. Alpha Marathon Film Extrusion Technologies Inc.
In the case of Zenish Polyfilm LLP v. Alpha Marathon Film Extrusion Technologies Inc. dated March 24, 2023, plaintiffs, Zenish Reclamation and Zenish Polyfilm LLP, had sought summary judgment for damages amounting to US$693,750.00 against the defendant, Alpha Marathon Film Extrusion Technologies Inc., in a contractual dispute. The plaintiffs were related Indian entities engaged in manufacturing, and the defendant was a Canadian corporation specializing in production solutions for polyfilm and packaging products.
The lawsuit had stemmed from a contractual relationship initiated in 2016 when the Plaintiffs had sought a blown film extrusion system from the Defendant. After initial quotations and modifications, an agreement had been reached, and a contract had been signed in July 2016 for a contract price of US$2,575,000.00. The Plaintiffs had paid a total of US$693,750.00 to the Defendant by July 2017. Later interactions had been marred by delays in system delivery and the Defendant's failure to refund the excess amount paid.
The Defendant had claimed that the system was completed and ready for delivery, but evidence had indicated the contrary. The Plaintiffs had argued that the Defendant's delays and failure to refund the excess payment had constituted fundamental breaches of the contract.
The court had concluded that the Plaintiffs had established their case for summary judgment. The Defendant's delays and failure to refund had constituted fundamental breaches of the contract, justifying the Plaintiffs' termination. The court had dismissed the Defendant's arguments and granted summary judgment in favor of the Plaintiffs for the full damages sought, US$693,750.00.