Supreme Court · 2009 INSC 1121 · Decided 9 September 2009
Steel Authority of India LTD. v. Gupta Brother Steel Tubes LTD.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1121 · [2009] 14 S.C.R. 253
- Case number
- CIVIL APPEAL No. 5241/2002
- Decided
- 9 September 2009
- Bench
- TARUN CHATTERJEE, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 136; Contract Act Section 74; Arbitration Act Section 30
Headnote
I A, Arbitration Act, 1940: { s. 30 - Application for setting aside of award passed by c • arbitrator - On ground of error of jurisdiction and legal misconduct by arbitrator - Legal position discussed - HELD: Where a provision of liquidated damages for only is made, such clause cannot be read as covering all types of breaches - In the instant case, Clause D 7.2 of agreement specifying the compensation for failure to supply or delayed supply of material cannot be said to cover refusal to supply the material - Thus, the claim of damages made by
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