M/S. MITRA GUHA BUILDERS (INDIA) COMPANY vs OIL AND NATURAL GAS CORPORATION LIMITED

The Supreme Court upheld the High Court's decision that the levy of liquidated damages is an 'excepted matter' under Clause 2 and Clause 25 of the contract, thus rendering it non-arbitrable. The Court emphasized that matters explicitly excluded from arbitration cannot be adjudicated by an arbitrator, reinforcing the principle that parties must adhere to the terms of their contract. Consequently, the appeals were dismissed, affirming the High Court's ruling that the arbitrator lacked jurisdiction over the liquidated damages claim.