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Supreme Court of India 2018-01-18 dismissed

Maharashtra State Electricity Distribution Company Ltd vs Datar Switchgear Limited & Ors

Bench: 2 — A.K. Sikri

In Brief

This appeal challenged an arbitral award directing a state electricity distribution company to pay damages to a contractor for breach of a supply and installation contract for electrical equipment on lease. The tribunal found the company failed to supply required location lists, breaching a fundamental contract term, and awarded Rs. 185.97 crores in damages for installed, manufactured-but-uninstalled, and raw material costs. The Supreme Court upheld the award, holding arbitrators' factual findings are conclusive, that termination was justified due to fundamental breach, and that damages calculated as lost lease revenue were properly awarded. The Court rejected arguments of waiver, mitigation failure, and public policy violation.",

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Arbitration and Conciliation Contract Law Damages Fundamental Breach Lease Agreement Supply and Installation Contract Termination of Contract Waiver Mitigation of Damages Public Policy Statutory Body

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