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march 2003

Supreme Court of India · 2003-03-12

MYSORE CEMENTS LTD. vs SVEDALA BARMAC LTD.

Citation / case number
SC 2000/12915
Court
Supreme Court of India
Petitioner
MYSORE CEMENTS LTD.
Respondent
SVEDALA BARMAC LTD.
Bench
DORAISWAMY RAJU & SHIVARAJ V. PATIL

Judgment text excerpt

The Supreme Court held that a Letter of Comfort issued in conjunction with a Memorandum of Conciliation is enforceable under Section 74 of the Arbitration and Conciliation Act, 1996, provided it meets the criteria of a decision as outlined in Sections 30 and 36 of the Act. The Court found that the High Court erred in dismissing the execution petition, as the Letter of Comfort constituted a binding agreement for compensation in case of non-completion of work. The appeal was allowed, and the High Court's order was set aside, affirming the enforceability of the Letter of Comfort.

MYSORE CEMENTS LTD. vs SVEDALA BARMAC LTD. · Niyam