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Mahanagar Gas Ltd. vs Babulal Uttamchand & Co.

Citation: 2012 (4) MhLj 344 Facts: Petition filed challenging Arbitral award vide Section 34 of Arbitration and Conciliation act, 1996. Contract for supplying natural gas through pipelines between the parties. Petitioner failed to provide the same and hence loss incurred to Respondent. Arbitral Award passed for loss of profit on account of breach committed by petitioner. Issues: 1. Whether grant of loss of profit while rejecting loss of business for lack of evidence is rightly granted or not? 2. Whether grant of interest on amount awarded under claim till date of making award is valid or not? Judgement: The court held in affirmative that grant of loss of profit is right and the future rate of interest till realization of award set by the arbitrator is within the frame of law. Obiter Dictum: Claim of expected profits is legally admissible on proof of breach of contract by erring party. Ratio Decidendi: Any arbitration case shall be decided on terms and condition of contracts between parties.

Dwarka Das vs State of Madhya Citation: AIR 1999 SC 1031 Facts:

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