VidhiSangh

Supreme Court of India · 22/08/2023

M/S. S.D. SHINDE TR. PARTNER versus GOVT. OF MAHARASHTRA AND ORS

[2023] 11 S.C.R. 367 · 2023 INSC 751

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Summary

The Court restored an arbitral award for additional costs and delay in canal works under the Arbitration Act, 1940. The appointment application was timely on the facts, the contractual bar had not arisen, and the damages rested on evidence. The courts below had undertaken an impermissible appellate review of the arbitrator’s factual findings.

Issues

  1. Whether limitation or the contractual time condition barred the contractor’s claims.
  2. Whether the damages and procedural objections justified setting aside the award under the 1940 Act.

Provisions considered

Held

Result

Appeals allowed. High Court and trial court judgments set aside; arbitral award restored. Respondents to make full payment under the award within eight weeks. Appellant entitled to costs throughout.

Judgment PDF: Supreme Court of India, [2023] 11 S.C.R. 367.