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august 2019

Supreme Court of India · 2019-08-30

M/S TULSI NARAYAN GARG vs THE M.P. ROAD DEVELOPMENT AUTHORITY

Citation / case number
SC 2018/47525
Court
Supreme Court of India
Petitioner
M/S TULSI NARAYAN GARG
Respondent
THE M.P. ROAD DEVELOPMENT AUTHORITY
Author
HON'BLE MR. JUSTICE AJAY RASTOGI
Bench
HON'BLE THE CHIEF JUSTICE, HON'BLE MS. JUSTICE INDIRA BANERJEE, HON'BLE MR. JUSTICE AJAY RASTOGI

Judgment text excerpt

The Supreme Court upheld the High Court's judgment dismissing the appellant's petitions challenging the recovery of liquidated damages under clause 53.1 of the work agreement, stating that the quantification of damages by the General Manager was valid despite pending arbitration under Section 7 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983. The Court emphasized that the initiation of recovery proceedings does not impede the arbitration process. The outcome affirmed the authority's actions in recovering the assessed damages.

M/S TULSI NARAYAN GARG vs THE M.P. ROAD DEVELOPMENT AUTHORITY · Niyam