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ABHAY S. OKA, UJJAL BHUYAN
Sahakarmaharshi Bhausaheb Thorat Sahakari Sakhar Karkhana Ltd. – Appellant
Versus
Thyssen Krupp Industries India Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. agreement for machinery supply (Para 1) |
| 2. delay in delivery and performance (Para 2) |
| 3. memorandum of understanding executed (Para 3) |
| 4. claims made before the arbitral tribunal (Para 4 , 5) |
| 5. high court's judgment on claims (Para 6 , 7 , 8 , 9 , 10) |
| 6. appellant's arguments on damages (Para 11) |
| 7. respondent's counterarguments (Para 12 , 13 , 14 , 15) |
| 8. court's reasoning on claims (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 9. appeal dismissed (Para 28 , 29 , 30) |
JUDGMENT
ABHAY S. OKA, J.
FACTUAL ASPECTS
1. The issues involved in this appeal are limited, but the litigation has a chequered history. An agreement was executed on 17th November 1992 by and between the appellant and the respondent. Under the said agreement, the respondent agreed to design, procure, manufacture and supply to the appellant machinery and equipment for a continuous fermentation process based on the Encillium process, patented by the National Chemical Laboratory, Pune (for short, ‘the NCL’). The agreement contained an arbitration clause. The total consideration was of Rs. 93,20,000/-. One of the clauses in the agreement was that the fermentation plant that was to be supplied by
Claim for damages will remain confined to what is expressly provided under Agreement.
Arbitration Award - An Award however can be interfered with if it is found to be vulnerable under any of the grounds in Section 34 including being in contravention with the fundamental policy of Indi....
The court reaffirmed that a party's failure to raise specific contractual defenses during arbitration precludes them from asserting those defenses in subsequent petitions, maintaining the integrity o....
Liquidated damages must be genuinely reflective of actual loss; their retention without proof of damage is unjustified under relevant contract provisions.
Section 8 of Act is an example of referring parties to arbitration.
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