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july 2003

Supreme Court of India · 2003-07-31

STATE OF U.P. vs ALLIED CONSTRN.

Citation / case number
SC 1996/77467
Court
Supreme Court of India
Petitioner
STATE OF U.P.
Respondent
ALLIED CONSTRN.
Bench
V.N. KHARE CJ & K.G. BALAKRISHNAN & S.B. SINHA

Judgment text excerpt

The Supreme Court upheld the arbitrator's award of Rs. 12,55,365 to the respondent for losses due to flooding, rejecting the appellant's claim of force majeure under Clause 47 of the contract. The Court found that the appellant failed to provide evidence that the flooding was due to unprecedented rain, thus Clause 47 did not apply. The Court reiterated that an arbitrator's interpretation of a contract is within their jurisdiction and can only be set aside under specific conditions outlined in Sections 30 and 33 of the Arbitration Act, 1940.

STATE OF U.P. vs ALLIED CONSTRN. · Niyam