Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration – Award of damages |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Contract Act, 1872 (9 of 1872) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Issue for consideration : In the instant appeals, the order passedby the Division Bench of the High Court, which partly interfered with anarbitration award by upholding the fi ndings of the Single Judge of the HighCourt to the extent the award granting damages for certain period, but setaside the award for the balance period, is challenged.Arbitration – Award of damages – Interference with – Awardof damages for breach of contract for certain periods – Upheld by theSingle Judge of the High Court, however, the Division Bench upheld thefi ndings, to the extent the award granted damages for certain period,but set it aside for the balance period – Correctness:Held : As regards fi rst period, conclusions of courts below upheldand does not call for interference – As regards the second period, therespondent made no attempt to produce a copy of the canalisation orderbefore the tribunal nor intimated the claimant its inability to continue withthe arrangement – Nothing was shown to prevent the respondent fromcommunicating the said aspect at the earliest point of time – Thus, nointerference called for – Furthermore, the measure of damages has to be inaccord with s. 73, i.e. the market price of goods on the date of the breach,less the contract price – As regards, the award for the balance period, theDivision Bench held that the failure to produce the best evidence thatthe claimant possessed in the form of contracts for the balance quantityand the payments received as proof of damage suff ered and the shippingarrangements as well as the shipments as billed from time to time with full particulars, disentitled it to any compensation for the later period, which isin accordance with law – Impugned judgment applied the correct principlesof law, in partly setting aside the award – As regards, the rate of interest,there have been concurrent fi ndings – Contract Act, 1873 – s. 73. [Paras14-16, 18-21] |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2023 INSC 747 |
Petitioner | H. J. Baker And Bros. Inc |
Respondent | The Minerals And Metals Trade Corporation Ltd. (mmtc) |
SCR | [2023] 11 S.C.R. 287 |
Judgement Date | 2023-08-18 |
Case Number | 2437 |
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