Supreme Court of India

R.L. Kalathia & Co. v. State of Gujarat

Neutral citation

Reported as [2011] 1 S.C.R. 391

Decided 14 January 2011

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.

4 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, the impugned judgment of the High Court A in First Appeal No. 2038 of 1983 dated 07.10.2002 is set aside and the judgment and decree of the trial Court in Civil Suit No. 30 of 1977 dated 14.12.1982 is restored.

Judgment, page 15

From the headnote

CONTRACT: Construction contract - Claim for additional work carried c out - Refused on the ground that the claim was laid after receiving final payment -Held : If there is accepted claim, the court cannot reject the same merely because the contractor has issued "No Due Certificate" - Principles as regards claims after acceptance· of final bill, enumerated - In the instant case, ..._ the contractor accepted the amount of the final bill under protest - The contractor had performed additional work and had a genuine claim which was considered in detail and was rightly allowed by trial court -

Authorities it was built on

2008 National Insurance Co. Ltd. v. M/s. Boghara Polyfab Pvt. Ltd. cited by 53
2006 M/s. Ambica Construction v. Union of India cited by 15
2004 Chairman and M.D., N.T.P.C. Ltd. v. M/s Reshmi Constructions, Builders & Contractors cited by 15

Where later benches applied it

2011 M/s. Cauvery Coffee Traders, Mangalore v. M/s. Hornor Resources (intern.) Co. Ltd. relied on
2024 Sbi General Insurance Co. Ltd. v. Krish Spinning referred to
2022 Indian Oil Corporation Limited v. Ncc Limited referred to
2018 Ongc Mangalore Petrochemicals Ltd. v. M/s Ans Constructions Ltd. & Anr. referred to

Of those, 1 relied on · 3 referred to

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