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.