VidhiSangh

Supreme Court of India · 04/03/2021

NTPC LTD. versus M/S. DECONAR SERVICES PVT. LTD.

[2021] 4 S.C.R. 467 · 2021 INSC 148

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld arbitral awards under the 1940 Act allowing refund of a conditional rebate and limited escalation for employer-caused delay. The arbitrator’s construction of the contracts was a possible view supported by the documents and conduct; another reasonable interpretation did not justify judicial substitution. Escalation depended on the particular contract and evidence, rather than any universal entitlement. Pending amounts were directed to be paid within six months.

Issues

  1. Whether the arbitrator’s interpretation of the rebate and firm-price terms justified interference.
  2. Whether escalation for work beyond the scheduled contract period was sustainable.

Provisions considered

Held

Result

Civil appeals dismissed; awards as sustained by the High Court left undisturbed and pending amounts ordered to be paid within six months.

Judgment PDF: Supreme Court of India, [2021] 4 S.C.R. 467.