M/S. S.R. GHOSH vs UNION OF INDIA — C.A. No. 4789/2008

Case under Section XVI. Status: DISPOSED.

CNR: SCIN010073892006

DISPOSED

Filing Date

20-03-2006 11:01 AM

Registration No

C.A. No. 4789/2008

Diary Number

7389/2006

Order Date

03-08-2017

Document Type

ROP - of Main Case

Disposal Type

Allowed

Acts & Sections

Section XVI

Petitioner(s)

M/S. S.R. GHOSH

Adv. PRIYA PURI

Respondent(s)

UNION OF INDIA

Adv. DEVENDRA SINGH MEHRA

Hearing History

Judge: HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR and HON'BLE MR. JUSTICE D.Y. CHANDRACHUD

03-08-2017

Ordinary

20-07-2017

Ordinary

20-07-2017

Ordinary

Orders

View Full Judgment
casestatus.in Summary

Case Summary: M/S. S.R. Ghosh v. Union of India (CA 4789/2008) Outcome: Supreme Court allowed the appeal, setting aside High Court orders and upholding the arbitrator's award dated 31.08.2003 in favor of the contractor for price escalation claim. Key Finding: The Court held that the contractor's escalation claim for bitumen price increase (via Central Government notification dated 3.7.1996) was valid and distinguishable from ordinary market fluctuations. The contract was finalized on 10.05.1996 (acceptance letter), before the price increase notification, so the contractor entered the agreement without knowledge of the escalation. The "No Claim Certificate" signed later did not bar the pre-existing claim. Next Steps: Union of India directed to release payment per the arbitral award within three months, with 12% annual interest if delayed. This case analysis is maintained by casestatus.in based on publicly available court records.

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