Supreme Court of India

M/s. Oriental Structural Engineers Pvt. Ltd. v. State of Kerala

Neutral citation
Reported as [2021] 4 S.C.R. 137
Bench Surya Kant and Aniruddha Bose JJ.
Decided 22 April 2021

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

Where later benches applied it

Of those, 2 referred to

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