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Supreme Court of India

J.C. Budhraja v. Chairman, Orissa Mining Corpn. Ltd. & Anr.

Neutral citation
Reported as [2008] 1 S.C.R. 821
Decided 18 January 2008

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.

11 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that only that part of the claim before the Arbitrator which was part of the claim of Rs.5015,820/- made by the contractor, that was existing or pending as on 28.10.1978 and 4.3.1980, namely Rs.28,32, 128 (out of Rs.95,96,616) could have been considered by the Arbitrator.

Judgment, page 28

From the headnote

i Contract - Work contract - On completion, contractor claiming extra payment for the work done beyond the contract - Payment for the work under contract received under protest c - Constitution of Committee for consideration of extra payment - Statement quantifying the claim, produced before the Committee - Committee accepting the same only in part - Contractor issuing notice invoking arbitration - Legal heir of the contractor, making a claim before the arbitrafor, different from the claim made before the Committee -Arbitrator passing ---1 the award for an amount over and above the claimed

Where later benches applied it

Of those, 2 relied on · 5 referred to · 4 mentioned

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