VidhiSangh

Supreme Court of India · 27/05/2019

PARSA KENTE COLLIERIES LIMITED versus RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LIMITED

[2019] 8 S.C.R. 728 · 2019 INSC 687

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

Summary

The arbitral award for coal-price escalation was restored because its contractual interpretation was possible and plausible, and the High Court could not substitute another view. Extension of supply commencement for delayed clearances had not correspondingly changed the escalation terms. However, setting aside the ₹78 crore fixed-cost award and the escrow-refund award was upheld because the former conflicted with the evidence and the latter disregarded the agreed mine-closure funding arrangement.

Issues

  1. Whether the High Court could substitute its interpretation of the price-escalation clauses.
  2. Whether the fixed-cost and escrow awards could stand on the record.

Held

Result

Appeal partly allowed. Award on claim 1, price adjustment/escalation, restored. High Court’s setting aside of claim 2, fixed costs, and claim 3, escrow account, affirmed. No costs.

Judgment PDF: Supreme Court of India, [2019] 8 S.C.R. 728.