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2001 (10) TMI 1156 - SC - Indian Laws

Issues Involved:
Dispute over breach of contract and claim for damages and interest by petitioners against respondents.

Breach of Contract Issue:
The Arbitral Tribunal considered whether the breach of contract was by the respondents or the petitioners. Majority held breach by respondents, while minority view differed.

Damages Claim Issue:
Arbitrators analyzed clause 14 of the contract and determined that petitioners failed to prove loss or damages, thus dismissing their claim for damages and interest.

Judicial Review of Award:
The High Court, after examining the award and contract clause, upheld the arbitrators' decision, stating that unless there is an error of fact or law apparent on the face of the award, objections cannot be sustained.

Appeal and Legal Arguments:
Petitioners appealed, arguing that the construction of clause 14(ii) was incorrect and that they were entitled to claim damages under Section 73 of the Indian Contract Act.

Legal Precedents and Final Decision:
Citing legal principles, the Supreme Court held that unless the error of law is patent on the face of the award, courts cannot interfere with the arbitrators' decision. The Court found no merit in the petitions and dismissed them with costs awarded to the respondents.

 

 

 

 

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