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Showing contexts for: consequential damage in Esar Procurement Services Ltd vs Paramount Constructions on 25 November, 2016Matching Fragments
54. In so far as the submission of the learned counsel for the petitioner that the arbitral tribunal awarded the claim for loss of profit and overheads in the teeth of clauses prohibiting such claim is concerned, learned senior counsel placed reliance on the judgment of the Supreme Court in the case of M/s.Associated Construction Vs. Pawanhans Helicopters Pvt. Ltd., reported in AIR 2008 SC 2911 and ppn 24 arbp-470.12(j).doc more particularly paragraphs 6, 7 and 34 thereof, in the case of G.Ramchandra Reddy and Company Vs. Union of Indian & Anr., reported in (2009) 6 SCC 414 and in particular paragraphs 35 and 36 thereof and on the judgment of the Division Bench of this Court in the case of Oil and Natural Gas Corporation Ltd. Vs. Comex Services SA, reported in (2003) 5 Bom CR 146 and in particular paragraphs 4, 6 and 8 in support of the submission that no bar applies in respect of the claim for loss of profit which is claimed for direct damage or consequential losses.