VidhiSangh

Supreme Court of India · 27/03/2019

SRI K. MARAPPAN (DEAD) THROUGH SOLE LR. BALASUBRAMANIAN versus THE SUPERINTENDING ENGINEER T.B.P.H.L.C. CIRCLE ANANTAPUR

[2019] 5 S.C.R. 152 · 2019 INSC 406

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

Summary

The Supreme Court partly restored an irrigation contractor’s award under the Arbitration Act, 1940. The contractual bar on delay compensation did not defeat the distinct extra-haulage claim, though its quantum remained subject to the contract; the Court used Article 142 to sustain the Sub-Court’s modified calculation. Foodgrain, cement and accumulated-material claims failed for their separate contractual or evidentiary defects. Interest on the restored claim was reinstated.

Issues

  1. Which claims were barred by the delay-compensation clause.
  2. Whether the extra-haulage award could be modified or restored.
  3. Whether proof supported the foodgrain and cement claims.
  4. Whether pendente lite interest was within arbitral power.

Provisions considered

Held

Result

Appeals partly allowed. Claim I restored as accepted by the Sub-Court, with interest as awarded by the arbitrator. Amount to be calculated and paid within two months of production of the certified judgment; other pressed claims rejected.

Judgment PDF: Supreme Court of India, [2019] 5 S.C.R. 152.