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Supreme Court of India

Oil & Natural Gas Corporation Ltd. v. Saw Pipes Ltd.

Neutral citation
Reported as [2003] 3 S.C.R. 691
Bench M.B. Shah and Arun Kumar JJ.
Decided 17 April 2003
Status Distinguished

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

28 Supreme Court benches have cited this judgment.

What the Court ordered

For the reasons stated above, the impugned award directing the appellant A . to refund US$3,04,970.20 and Rs. 15,75,559 with interest which were deducted for the breach of contract as per the agreement requires to be set aside and is hereby set aside.

Judgment, page 51

From the headnote

Arbitration and Conciliation Act, 1966; Sections 23, 24, 25, 28, 31 and 34: Contract for supply of goods-Time is the essence of the contract-Delay in supply of goods-Contractor's liability to purchaser-Award-Denial of compensation-Held: when liability to pay compensation in lieu of damages for breach of any term of the contract by the other party is stipulated clearly and unambiguously, and in the absence of evidence proving the compensation claimed as unreasonable, arbitral tribunal could not ignore clear terms of the agreement to determine liability of the defaulting party-It is not

Authorities it was built on

Where later benches applied it

Of those, 6 relied on · 2 distinguished · 18 referred to · 1 mentioned · 1 not applicable

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