M/S. Mitra Guha Builders (India) ... vs Oil And Natural Gas Corporation Limited

The Supreme Court addressed the issue of arbitrability concerning the levy of liquidated damages in a contract between M/s. Mitra Guha Builders and ONGC. The court upheld the High Court's decision that such matters are 'excepted matters' under the contract and thus not subject to arbitration. Consequently, the appeals were dismissed, affirming the non-arbitrability of liquidated damages as per the contractual clauses.