M/S. S.R. GHOSH vs UNION OF INDIA — C.A. No. 4789/2008
Case under Section XVI. Status: DISPOSED.
CNR: SCIN010073892006
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
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
Ordinary
Ordinary
Ordinary
| Date | Purpose |
|---|---|
| 03-08-2017 | Ordinary |
| 20-07-2017 | Ordinary |
| 20-07-2017 | Ordinary |
Orders
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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