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september 2006

Supreme Court of India · 2006-09-05

Rajasthan State Road Transport Corpn vs Indag Rubber Ltd

Citation / case number
AIR 2007 SC (SUPP) 1856
Court
Supreme Court of India
Petitioner
Rajasthan State Road Transport Corpn
Respondent
Indag Rubber Ltd
Author
A.K. Mathur
Bench
H.K. Sema, A.K. Mathur

Judgment text excerpt

The Supreme Court upheld the validity of the arbitration award under Section 34 of the Arbitration and Conciliation Act, 1996, confirming that the Rajasthan State Road Transport Corporation was entitled to compensation due to the failure of Indag Rubber Limited to meet the warranty obligations regarding retreaded tyres. The Court emphasized that the warranty clause required a comparative assessment of tyre performance under similar conditions, and the Corporation's claims for damages were justified based on the evidence presented. The appeal against the High Court's order was dismissed, thereby enforcing the arbitration award in favor of the Corporation.

Rajasthan State Road Transport Corpn vs Indag Rubber Ltd · Niyam