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april 2008

Supreme Court of India · 2008-04-10

Union Of India vs Chandalavada Gopalakrishna Murthy & ...

Citation / case number
AIRONLINE 2008 SC 439
Court
Supreme Court of India
Petitioner
Union Of India
Respondent
Chandalavada Gopalakrishna Murthy & ...
Bench
Markandey Katju, H.K. Sema

Judgment text excerpt

The Supreme Court held that under Clause 17(3) of the contract, if there is a delay caused by the Railway, the contractor is not entitled to damages or compensation, and the completion date may be extended. The Court reaffirmed the principle established in Ch. Ramalinga Reddy Vs. Superintending Engg. & Anr. (1999) and General Manager (Northern Railway) & Anr. Vs. Sarvesh Chopra (2002), which state that compensation cannot be awarded if the contract is extended as per its terms. The Court set aside the High Court's order allowing the claim for damages, thereby allowing the appeals.

Union Of India vs Chandalavada Gopalakrishna Murthy & ... · Niyam