Supreme Court of India
M/s Ferro Concrete Construction (india) Pvt. Ltd. v. The State of Rajasthan
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above discussion, we allow the present appeal and set aside the impugned judgment of the High Court in SBCMA No. 542 [2025] 4 S.C.R. Digital Supreme Court Reports 3175/2006 dated 06.01.2023.
Judgment, page 13
From the headnote
Issue for Consideration Whether the contractual clause that bars the appellant/contractor from claiming any interest on any payment, arrears or balance due to it amounts to an express bar on the arbitrator’s power to grant pendente lite interest as per the law under the Arbitration Act, 1940. Headnotes† Arbitration Act, 1940 – Appellant was awarded a works contract by the respondent – Clause 22 of the agreement barred the appellant from claiming interest on any payment or arrears or balance due to him – Disputes arose between the parties – Arbitration invoked – Arbitral award came out in
Authorities it was built on
- 1991 Secretary, Irrigation Department, Government of Orissa and Ors. Etc. Etc. v. G. C. Roy Etc. Etc.
- 2001 Executive Engineer, Dhenkanal Minor Irrigation Division, Orissa, Etc. Etc. v. N.C. Budharaj (dead) by Lrs. Etc. Etc.
- 2006 M/s. Ambica Construction v. Union of India
- 2010 Sree Kamatchi Amman Constructions v. The Divisional Railway Manager (works), Palghat & Ors.
- 2009 Sayeed Ahmed & Co. v. State of Up & Ors.
- 2015 Union of India v. M/s Bright Power Projects (i) P. Ltd.
- 1995 The Board of Trustees for the Port of Calcutta v. Engineers-de-space-age
- 2009 M/s. Madnani Construction Corporation (p) Ltd v. Union of India & Others
- 2011 Union of India v. M/s. Krafters Engineering & Leasing (p) Ltd.
- 2018 Reliance Cellulose Products Ltd. v. Oil and Natural Gas Corporation Ltd.
- 2012 Tehri Hydro Dev. Corpn. Ltd.& Anr. v. Jai Prakash Asso. Ltd.
- 2016 Union of India v. M/s. Amblca Construction
- 2017 Sri Chittaranjan Maity v. Union of India
- 2024 Pam Developments Private Limited v. The State of West Bengal & Anr.
- 2008 M/s. M.B. Patel & Co. v. Oil & Natural Gas Commission
Where later benches applied it
Of those, 1 referred to
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