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.