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Supreme Court of India 2019-03-27 allowed

K. Marappan (dead) Through Sole Lr. Balasubramanian vs Superintending Engineer T.B.P.H.L.C. Circle Anantapur

Bench: 3 — <UNKNOWN>

In Brief

The Supreme Court examined an arbitrator's award in a dispute between a contractor and a government undertaking over cement procurement and payment claims under a construction contract. The arbitrator held that shortage of cement and contractor's entitlement to purchase from outside sources was established through correspondence, despite missing documentation (receipts, ledger entries, bills). The Court allowed the appeal, finding that the arbitrator's award was unsustainable because it lacked proper documentary evidence and was based on inadmissible correspondence, undermining the factual findings essential to the award.

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Arbitration Contract Law Evidence Award and Interpretation

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