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august 2009

Supreme Court of India · 2009-08-07

Municipal Corp.Of Greater Mumbai vs Bharat Construction & Ors

Citation / case number
2009 AIR SCW 6708
Court
Supreme Court of India
Petitioner
Municipal Corp.Of Greater Mumbai
Respondent
Bharat Construction & Ors
Author
R.M. Lodha
Bench
R. M. Lodha, Tarun Chatterjee

Judgment text excerpt

The Supreme Court held that the Municipal Corporation of Greater Mumbai's appeal against the arbitration award was valid as the earlier decision in Municipal Corporation of Gr. Bombay v. Atul Raj Builders Pvt. Ltd. was misapplied. The Court clarified that Clause 94 of the general conditions of the contract does not bar the Arbitrator from awarding compensation for loss of profit in cases of contract foreclosure. The Court set aside the lower court's ruling and allowed the appeal, reinstating the Arbitrator's award in favor of the contractor.

Municipal Corp.Of Greater Mumbai vs Bharat Construction & Ors · Niyam