Supreme Court of India
M/s. Oriental Structural Engineers Pvt. Ltd. v. State of Kerala
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.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that to come to such an inference, active exclusion of payment of interest under that head was necessary to have been incorporated in the agreement.
Judgment, page 13
From the headnote
Interest: Interest on delayed payment – Dispute bet ween parties as regards entitlement of the contractor to rece ive interest on delayed payment in relation to local currency component – Award by the Arbitral tribunal that the interest be paid on delayed pay ment in relation to local currency component payable under the agreem ent since the contract did not prohibit award of interest – However, the said order set aside by the Arbitration court as also the High Court – On appeal, held: In the agreement between the parties, there was no specific exclusion of payment of interest on delayed
Authorities it was built on
- 2003 Oil & Natural Gas Corporation Ltd. v. Saw Pipes Ltd.
- 2014 Associate Builders v. Delhi Development Authority
- 1991 Secretary, Irrigation Department, Government of Orissa and Ors. Etc. Etc. v. G. C. Roy Etc. Etc.
- 2015 Union of India v. M/s Bright Power Projects (i) P. Ltd.
- 2018 Reliance Cellulose Products Ltd. v. Oil and Natural Gas Corporation Ltd.
Where later benches applied it
- 2025 Gayatri Balasamy v. M/s Isg Novasoft Technologies Limited
- 2024 Pam Developments Private Limited v. The State of West Bengal & Anr.
Of those, 2 referred to
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