Saisudhir Energy Ltd. v. NTPC Vidyut Vyapar Nigam Ltd., 2026 INSC 103 -Arbitration - Contract - Public Utility Projects

Arbitration and Conciliation Act 1996 - Section 34,37 - The Court under Section 37 must only determine whether the Section 34 Court had exercised its jurisdiction properly and rightly, without exceeding its scope - taking a different view of the same matter from the one taken under Section 34 would be beyond the scope of Section 37. (Para 18)

Arbitration and Conciliation Act 1996 - Section 34 -Power of the Section 34 Court to modify an award to a limited extent is recognized - The modification of the award so as to enhance the amount of reasonable compensation by the Section 34 Court was a permissible exercise. (Para 14-15)

Indian Contract Act 1872 - Section 72 - Public Utility Projects -The period of delay is material in determining the amount of liquidated damages. (Para 12) The burden would be on the party committing the breach to show that no loss was caused by the delay or that the amount stipulated as liquidated damages was in the nature of penalty. (Para 16)