awarded where there are fixed contractual rates."
k) M/s. Patel Engineering Co. Ltd. Vs. Indian Oil
Corporation Ltd.11
"The arbitrator cannot
Assurance
Co. Ltd.[(2000) 10 SCC 178] , SBP & Co. v. Patel Engg.
Ltd. [( 2005) 8 SCC 618] , National Insurance Co.
Ltd. v. Nipha Exports
consonance with the principles laid down in SBP and Co., v. Patel Engineering Ltd., and Another reported in (2005-8 SCC 618).
14. Another area
Similarly, in the matter of Poddar Steel Corporation v.
Ganesh Engineering Works and others 9, the Supreme
Court following the law laid down ... Thereafter, in the matter of West Bengal State Electricity
Board v. Patel Engineering Co. Ltd. and others 10, the
Supreme Court has held as under
PATEL ENGINEERING LTD. AND ANR
is not applicable to the facts of the present case. Point No.1 is answered
accordingly.
18. Point
Patel Engineering Ltd.
and Anr., (2005) 8 SCC 618, where the Hon'ble Court held that once
the Chief Justice or his designate
relies on the decisions
of the Supreme Court in M/s Senbo Engineering Ltd., vs. State of Bihar &
others , AIR 2004 Patna ... another , (2006) 6 SCC 204; S.B.P.
and Company vs. Patel Engineering Limited and another , (2009)10 SCC
293; and Lalitkumar V. Sanghavi
suit but without adducing evidence. Relying on SBP & Co. v. Patel Engg. Ltd. [2005 (8) SCC 618], it was submitted that the High Court
Works v. New India
Assurance Co. Ltd. , SBP & Co. v. Patel
Engineering Ltd. & Anr., National
Insurance Co. Ltd. v. Nipha Exports
Court in the case of S.B.P.
& Co. v. Patel Engineering Ltd. And another